Breen v. Texas & Pacific Railway Co.
Texas Supreme Court
Appeal from Wood. Tried below before the Hon. Z. Horton. Breen sued the Texas and Pacific Railway Company for damages, in assaulting and compelling plaintiff to pay fare a second time, &c. Defendant pleaded in abatement and general denial, &c. The jury found a verdict for $635 in favor of plaintiff, and the truth of the plea in abatement. Upon the verdict judgment was rendered for defendant, and the plaintiff appealed.
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Appeal from Wood. Tried below before the Hon. Z. Horton. Breen sued the Texas and Pacific Railway Company for damages, in assaulting and compelling plaintiff to pay fare a second time, &c. Defendant pleaded in abatement and general denial, &c. The jury found a verdict for $635 in favor of plaintiff, and the truth of the plea in abatement. Upon the verdict judgment was rendered for defendant, and the plaintiff appealed. The pleadings and evidence sufficiently appear in the opinion of the court.
1Opinion of the Court
Moore, Associate Justice.
This action was brought by appellant, Thomas Breen, on the fifth day of June, 1874, in the District Court of Wood county, against the Texas and Pacific Railway Company, for the recovery of damages for a wrongful assault for the purpose of expelling plaintiff from said company’s train, or by force and violence coercing him to pay the fare charged by said company for riding on their train from Longview, in Gregg county, to Minióla, in the county of Wood, although, as he alleges, said fare had been previously paid.
Among other matters of defense the defendant, said Texas…
2Cases cited2 opinions
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