Texas & Pacific R'y Co. v. Bond
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Plaintiff brought suit to recover damages for being ejected from defendant’s train, and alleged that on the 28th day of October, 1883, he entered defendant’s train at Elmo to he carried to Terrell; that after going about a mile, defendant, after receiving from him twenty cents, a part of the fare, declined to receive any further sum for such fare,— though the same was tendered to the conductor,— and with force…
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Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Plaintiff brought suit to recover damages for being ejected from defendant’s train, and alleged that on the 28th day of October, 1883, he entered defendant’s train at Elmo to he carried to Terrell; that after going about a mile, defendant, after receiving from him twenty cents, a part of the fare, declined to receive any further sum for such fare,— though the same was tendered to the conductor,— and with force and violence ejected him from the train at a point other than the usual stopping place, thus compelling him to walk a…
1Opinion of the Court
Willie, Chief Justice.
The first proposition of appellant under his second assignment of error, viz.: when the fare is paid on the train, a railroad company has the right to charge four cents per mile, is not questioned on the part of appellee’s counsel.
The second proposition, which brings in question the refusal of the court to give a special charge asked by counsel for appellant, presents the only point of any importance in this case. The charge asked was as follows:
*444“That if they find from the evidence that the regular fare between Elmo and Terrell was thirty cents when paid on the train,…
2Cases cited1 opinion
- Hoffbauer v. D. & N. W. R.Supreme Court of Iowa · 1879
3Cited by9 opinions
- Holt v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
- Gulf, Colorado & Santa Fe Railway Co. v. BunnCourt of Appeals of Texas · 1906
- Holt v. Hannibal & St. Joe RailroadMissouri Court of Appeals · 1901
- Mangum v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919
- Southern Kansas Ry. Co. of Texas v. WallaceCourt of Appeals of Texas · 1912
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