Missouri, Kansas & Texas Railway Co. v. Perry
Court of Appeals of Texas
Appeal from Rains. Tried below before Hon. E. W. Terhune. 1. When a passenger is asleep when his point of destination is reached, and he fails to leave the train until the train is in motion, then he can not recover from the railway unless the employes in charge of the train compel him to leave it. 2. If any employe inform a passenger in such condition that he thinks he can safely alight, and the passenger attempts to alight, and in so doing is injured, no liability is fixed…
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Appeal from Rains. Tried below before Hon. E. W. Terhune. 1. When a passenger is asleep when his point of destination is reached, and he fails to leave the train until the train is in motion, then he can not recover from the railway unless the employes in charge of the train compel him to leave it. 2. If any employe inform a passenger in such condition that he thinks he can safely alight, and the passenger attempts to alight, and in so doing is injured, no liability is fixed upon the railroad for such injuries. Railway v. James, 82 Texas, 306. 3. When a verdict is excessive in amount the…
1Opinion of the Court
FINLEY, Associate Justice.
Appellee purchased a ticket over appellant’s road from Lone Oak, in Hunt County, to Emory, in Rains County, and took passage on the train. When the train reached Emory, which was in the night-time, the name of the station was announced in the usual manner, and the train was stopped a sufficient length of time for passengers to get off and on the cars. The facts as far as stated are unquestioned. Appellee’s evidence tends to show that he was asleep, and did not hear the announcement of the station; that just after the train started a negro man dressed in train…
2Cases cited5 opinions
- Thomas v. WomackTexas Supreme Court · 1855
- Conwill v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. CoonTexas Supreme Court · 1888
- International & Great Northern Railroad v. WilkesTexas Supreme Court · 1887
- Nunnally v. TaliaferroTexas Supreme Court · 1891
3Cited by5 opinions
- Texas & Pacific Railway Co. v. McKenzieCourt of Appeals of Texas · 1902
- Bower v. LivelyCourt of Appeals of Texas · 1928
- Fanning v. St. Louis Southwestern Railway Co.Court of Appeals of Texas · 1905
- S.L.S.W. Ry. Co. TurnerCourt of Appeals of Texas · 1903
- Missouri, K. & T. Ry. Co. of Texas v. DicksonCourt of Appeals of Texas · 1912