Legal Opinion

Demilley v. Texas & New Orleans Railway Co.

Texas Supreme Court

Decided November 11, 1897No. 590PublishedCited by 9 opinions

Ebbob to the Court of Civil Appeals for the First District, in an appeal from Liberty County. Plaintiff in error brought the suit and recovered judgment in the trial court, which was reversed and remanded on defendant’s appeal; whereupon appellee obtained a writ of error on the ground that the ruling practically settled the case.

1Opinion of the Court

GAINES, Chief Justice.

The plaintiff in error brought this suit against defendant in error to recover damages, upon the ground as alleged, that he was wrongfully ejected from a train of the defendant by its conductor. He recovered a judgment in the District Court, which was reversed in the Court of Civil Appeals, for the reason, as held by the latter court, 'that the ticket which he presented for his transportation had expired by limitation and had become void.

The plaintiff took passage on the train of the defendant on the fifth day of August, 1894, and presented to the conductor a ticket…

2Cited by9 opinions

  1. Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
  2. Woodard v. Texas & Pacific Railway Co.Texas Supreme Court · 1935
  3. City of Stamford v. KingCourt of Appeals of Texas · 1940
  4. Jones v. Dumas Development Co.Court of Appeals of Texas · 1950
  5. Masterson v. AllenCourt of Appeals of Texas · 1934

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