Missouri, Kansas & Texas Railway Co. v. Miller
Court of Appeals of Texas
Appeal from Hill. Tried before Hon. J. M. Hall. 1. Plaintiff was not a passenger , but merely a licensee, when he went on the train to assist his wife in obtaining a seat.' Being a mere licensee, he assumed the risk of the train’s starting before he could get off, not having notified the conductor of his purpose in going on the train.
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Appeal from Hill. Tried before Hon. J. M. Hall. 1. Plaintiff was not a passenger , but merely a licensee, when he went on the train to assist his wife in obtaining a seat.' Being a mere licensee, he assumed the risk of the train’s starting before he could get off, not having notified the conductor of his purpose in going on the train. The defendant is not liable for his injuries, inasmuch as he failed to establish that he notified the conductor of his purpose in going on the train. There being positive evidence that plaintiff did not give the conductor notice of his object in going on the…
1Opinion of the Court
FINLEY, Associate Justice.
Appellant’s first assignment of error is based upon the action of the court in refusing the following special charge: “You are instructed, that though the plaintiff had the right to go on the train in question to assist his wife in procuring a seat, yet you are instructed, that when he did so he was required to take notice of the time that the train would leave, unless he gave notice to the conductor in charge of the train of his purpose and desire to get off the train after having procured a seat for his wife. Hence, if you believe from the evidence that the…
2Cases cited7 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Central Railroad & Banking Co. v. LetcherSupreme Court of Alabama · 1881
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
- T. & P. R'y Co. v. BestTexas Supreme Court · 1886
- Hamilton v. Texas & Pacific R'y Co.Texas Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- Panhandle & S. F. Ry. Co. v. HaywoodCourt of Appeals of Texas · 1920
- Whitman v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1902
- Berry v. Louisville & N. R. R.Court of Appeals of Kentucky · 1901
- Missouri, Kansas & Texas Railway Co. v. McElreeCourt of Appeals of Texas · 1897
7 more not listed; retrieve them via the Exa API.