Missouri, Kansas & Texas Railway Co. v. Gist

SPEER, Associate Justice.

The evidence contained in the record warrants us in finding the following facts: On the morning of July 13, 1901, appellee went to appellant’s depot, at Nocona, Texas, for the purpose of boarding appellant’s east-bound passenger train for Gainesville, Texas, which train passed Nocona at 9 o’clock a. m. The ticket office was open some thirty or thirty-five minutes before the arrival of the train. Before the train pulled in the agent, according to his custom, left the office for the purpose of putting on the baggage and express. The train stopped at the usual place that…