H. & T. C. R'y Co. v. Devainy
Texas Supreme Court
Appeal from. Grayson. Tried below before the Hon. Richard Maltbie. Suit by appellee, brought March 6,1883, and an amended petition filed October 25, 1883. The petition alleged that the plaintiff and one Rush were immigrants from Ireland, and were going to Galveston. They had imr migrant tickets from Philadelphia to Galveston, but that their route from Denison was over the Missouri Pacific Railroad. They reached Denison in the night.
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Appeal from. Grayson. Tried below before the Hon. Richard Maltbie. Suit by appellee, brought March 6,1883, and an amended petition filed October 25, 1883. The petition alleged that the plaintiff and one Rush were immigrants from Ireland, and were going to Galveston. They had imr migrant tickets from Philadelphia to Galveston, but that their route from Denison was over the Missouri Pacific Railroad. They reached Denison in the night. Some time afterwards one of defendant’s trains came up to the.platform, and the two immigrants approached the brakeman, who stood at the door of one of the cars,…
1Opinion of the Court
Delany, J. Com. App.
The first assignment of error questions the first paragraph of the charge in which the jury were told that under the circumstances shown by the evidence the conductor was justifiable in putting the plaintiff off the train, but was required to put him off at a safe place.
Whether this charge was correct or not, the appellant at least cannot complain of it and appellee does not object to it. When we consider that the plaintiff was on the car by a mistake which was caused by the negligence of the brakeman; that the mistake was discovered within three hundred yards or less of…
2Cases cited1 opinion
- Hatchett v. ConnerTexas Supreme Court · 1867
3Cited by3 opinions
- Missouri Pacific Railway Co. v. EvansTexas Supreme Court · 1888
- Peters v. WilliamsCourt of Appeals of Texas · 1925
- Galveston, H. & S. A. Ry. Co. v. WaldoCourt of Appeals of Texas · 1934