Legal Opinion

Galveston, Harrisburg & San Antonio Railway Co. v. La Prelle

Court of Appeals of Texas

Decided December 11, 1901PublishedCited by 10 opinions

Appeal from Caldwell. La Prelie sued the railway company and recovered judgment, from, which the latter appealed.

1Opinion of the Court

KEY, Associate Justice.

This case involves the question of the' liability of a common carrier for injuries inflicted by its servant upon a passenger. According to the testimony of the plaintiff, to which the' jury evidently gave credit, he was a passenger on the defendant’s railway, and a difference of. opinion having arisen between him and the-conductor in reference to the amount of fare he should pay, the plaintiff, without just cause and in violation of law, struck the conductor with his fist or hand, thereby committing an assault and battery. The conductor did not then defend himself or…

2Cases cited1 opinion

  1. Dillingham v. RussellTexas Supreme Court · 1889

3Cited by10 opinions

  1. Gulf, C. & S. F. Ry. Co. v. CobbCourt of Appeals of Texas · 1931
  2. Southwestern Telegraph & Telephone Co. v. LongCourt of Appeals of Texas · 1915
  3. Fred Harvey v. ComegysCourt of Appeals of Texas · 1921
  4. Houston & Texas Central Railway Co. v. BatchlerCourt of Appeals of Texas · 1904
  5. Hunter v. Kansas City Railways Co.Missouri Court of Appeals · 1923

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