Chicago, R. I. & G. Ry. Co. v. Howell
Court of Appeals of Texas
Appeal from Dallas County Court; W. F. Whitehurst, Judge. Action by W. H. Howell against the Chicago, Rock Island & Gulf Railway Company, From a judgment for plaintiff, defendant appeals. This is an action brought by appellee against the railway company to recover damages for wrongful failure to furnish him with a round-trip ticket from Dallas, Tex., to Seattle, Wash., correctly stating the terms of the contract in respect to the date of the return limit.
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Appeal from Dallas County Court; W. F. Whitehurst, Judge. Action by W. H. Howell against the Chicago, Rock Island & Gulf Railway Company, From a judgment for plaintiff, defendant appeals. This is an action brought by appellee against the railway company to recover damages for wrongful failure to furnish him with a round-trip ticket from Dallas, Tex., to Seattle, Wash., correctly stating the terms of the contract in respect to the date of the return limit. There was a trial to a jury, and the verdict was in favor of appellee for $104. The substantial facts established by the evidence are that…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1] The first assignment predicates error upon the refusal to give a requested peremptory instruction to the jury to return a verdict for appellant. As the record here does not contain or show any requested peremptory instruction, we cannot assume that one was presented and refused by the court, and the assignment must be overruled.
[2] The second and fourth assignments, here considered together, predicate error in allowing the appellee to testify with reference to negotiations and terms of agreement between himself and the agent of appellant concerning the…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. HalbrookCourt of Appeals of Texas · 1896
- Galveston, Harrisburg & San Antonio Railway Co. v. KinnebrewCourt of Appeals of Texas · 1894
- Houston & Texas Central Railway Co. v. LeeTexas Supreme Court · 1911
- Texas & Pacific Railway Co. v. WynnCourt of Appeals of Texas · 1906
3Cited by3 opinions
- United States Torpedo Co. v. LinerCourt of Appeals of Texas · 1927
- Dalton v. Realty Trust Co.Court of Appeals of Texas · 1928
- Davis v. MorrisCourt of Appeals of Texas · 1923