Legal Opinion

Gulf, Colorado & Santa Fe Railway Co. v. Bunn

Court of Appeals of Texas

Decided January 31, 1906PublishedCited by 6 opinions

Appeal from the County Court of Bell County. Tried below before TIon. W. R. Butler. The fifth assignment of error was upon the giving the following charge: “If you believe that plaintiff had been told that his ticket had expired, and was not good, and that he must pay his fare or get off the train, and that plaintiff; then said ho had no money with which to pay his fare, and that he would have to get off the train, and that ho did then, willingly and voluntarily, get off the…

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Appeal from the County Court of Bell County. Tried below before TIon. W. R. Butler. The fifth assignment of error was upon the giving the following charge: “If you believe that plaintiff had been told that his ticket had expired, and was not good, and that he must pay his fare or get off the train, and that plaintiff; then said ho had no money with which to pay his fare, and that he would have to get off the train, and that ho did then, willingly and voluntarily, get off the train, then you will find for the defendant.” The seventh assignment was upon the refusal of the following requested…

1Opinion of the Court

EIDSON, Associate Justice.

This is an action by appellee against appellant for damages in the sum of $700, alleged to have been sustained by him on account of his alleged unlawful expulsion from its train by appellant.

Appellant’s first assignment of error complains of the verdict of the jury upon the ground that it is excessive. The verdict is for the sum of $500. Appellee testified as follows:

“The conductor put me off the train at the water tank, and would not let me get on the train. There were several people in the car. The car was crowded. The conductor spoke to me in a gruff way, as I…

2Cases cited2 opinions

  1. Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1884
  2. Texas & Pacific R'y Co. v. BondTexas Supreme Court · 1884

3Cited by6 opinions

  1. Fleck v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1916
  2. Southern Kansas Ry. Co. of Texas v. WallaceCourt of Appeals of Texas · 1912
  3. Chesapeake & O. Ry. Co. v. BurtonCourt of Appeals for the Fourth Circuit · 1932
  4. Meyers v. Keokuk Electric Co.Supreme Court of Iowa · 1921
  5. Celeste State Bank v. PuckettCourt of Appeals of Texas · 1912

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