Texas & P. Ry. Co. v. Ludlam
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Texas. Statement by PARDEE, Circuit Judge: On the 24th of February, 1890, one Emma Ludlam bought a ticket at Texarkana for Stalls, a station on the Texas & Pacific Railway 58 miles south of Texarkana. She boarded the night train, which was passenger train No. 3, and which was a through train.
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In Error to the Circuit Court of the United States for the Eastern District of Texas. Statement by PARDEE, Circuit Judge: On the 24th of February, 1890, one Emma Ludlam bought a ticket at Texarkana for Stalls, a station on the Texas & Pacific Railway 58 miles south of Texarkana. She boarded the night train, which was passenger train No. 3, and which was a through train. She had with her four children; three of them being the children of her brother, James A. Ludlam, the defendant in error herein. She purchased no tickets for the children, nor did she pay any fare for them. Soon after leaving…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts as above.) It is well-settled railway law that “it is the duty of the person about to take passage on a railroad train to inform himself when, where, and how he can go or stop, according to the regulations of the railroad company; and if he makes a mistake, not induced by the company, against which ordinary care in this respect would have protected him, he has no remedy against the company for the consequences.” See Beauchamp v. Railway Co., 56 Tex. 239-249, and the authorities there collated.
The first assignment of error raises the question,…
2Cases cited3 opinions
- United States v. BreitlingSupreme Court of the United States · 1858
- Beauchamp v. I. & G. N. R'y Co.Texas Supreme Court · 1882
- Lake Shore & Mich. Southern Ry. Co. v. PierceMichigan Supreme Court · 1882
3Cited by3 opinions
- Ohage v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1912
- Southern Railway Co. v. FlaniganCourt of Appeals of Georgia · 1912
- Warner v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911