Missouri, Kansas & Texas Railway Co. v. Sanders
Court of Appeals of Texas
The opinion states the evidence in support of the verdict. The evidence for defendant was as follows: L. W. Cherington, the conductor, testified: that the men were found crouched down upon the rear steps of the sleeper, acting in a suspicious manner, that when accosted and asked what they were doing there, they gave an evasive answer; that when told to get off at the switch, he refused and said he did not have to get off.
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The opinion states the evidence in support of the verdict. The evidence for defendant was as follows: L. W. Cherington, the conductor, testified: that the men were found crouched down upon the rear steps of the sleeper, acting in a suspicious manner, that when accosted and asked what they were doing there, they gave an evasive answer; that when told to get off at the switch, he refused and said he did not have to get off. “When the train stopped to throw the switch he did not get off. We went through the switch on to the main line and when the train stopped I again went to him and told him he…
1Opinion of the Court
COLLARD, Associate Justice.
Suit by appellee against appellant for actual and vindictive damages, brought the 14th day of March, 1894, for alleged Avanton and illegal ejection of plaintiff from the platform of the defendant’s passenger Pullman car hy pushing him off the platform Avhile the train was moving at a high rate of speed, causing him physical and mental injuries and expenses set out in the petition. The court below sustained exceptions to the suit for vindictive damages.
"Upon a trial by a jury verdict was returned for plaintiff for $550, actual damages, for which judgment was rendered…
2Cases cited2 opinions
- Houston & T. C. R. R. Co. v. ShaferTexas Supreme Court · 1881
- Texas & Pacific Railway Co. v. BarronTexas Supreme Court · 1890
3Cited by4 opinions
- Norwich Union Indemnity Co. v. SmithTexas Commission of Appeals · 1929
- Gulf, C. &. S. F. Ry. Co. v. YoungCourt of Appeals of Texas · 1926
- Norwich Union Indemnity Co. v. SmithCourt of Appeals of Texas · 1927
- Crespi v. City of WacoCourt of Appeals of Texas · 1925