Legal Opinion

Fleck v. Missouri, K. & T. Ry. Co. of Texas

Court of Appeals of Texas

Decided November 25, 1916No. 7242Published

Appeal from District Court, Harris County; J. W. Wood, Special Judge. Action by L. J. Fleck and another against the Missouri, Kansas & Texas Railway Company of Texas. From judgment for defendant, plaintiffs appeal.

1Opinion of the CourtPleasants, C. J.

This suit was brought by appellants, L. J. Fleck and wife, against appellee to recover damages for the alleged unlawful ejection of Mrs. Fleck from a passenger train of appellee at its station in the city of Waco. The material allegations of plaintiffs’ petition as set out in appellants’ brief are as follows:

“Plaintiffs alleged that on or about the 25th of July, 1914, the plaintiff, Minnie Thomson Fleck, her niece, and her two children, took passage upon defendant’s passenger train at Houston, Tex., for Hillsboro, Tex.; that she and her niece bought tickets; that upon leaving Houston the…

2Cases cited16 opinions

  1. Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
  2. Philadelphia, Wilmington & Baltimore Railroad v. HoeflichCourt of Appeals of Maryland · 1884
  3. Commonwealth v. TueyMassachusetts Supreme Judicial Court · 1851
  4. Watson v. Minneapolis Street-Railway Co.Supreme Court of Minnesota · 1893
  5. Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1905

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