Texas & Pacific Railway Co. v. Mahaffey
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Bowie County. Mahaffey sued the railway company for penalty for failing to redeem the unused portion of a railway ticket. Plaintiff recovered judgment, which was. affirmed upon appeal; thereupon the railway company procured writ of error.
1Opinion of the Court
GAINES, Chief Justice.
The defendant in error brought this suit under article 4560d of the Bevised Statutes to recover for the unused part of a return ticket over the company’s road, and also for a penalty for the refusal of the company to redeem the ticket. She recovered a judgment for 62 cents and for $100 as a penalty. This judgment was affirmed by the Court of Civil Appeals.
The assignments of error in- that court and in this assail the validity of the act as being in contravention of the Constitution of the State and of the United States. The validity of a statute being involved, we have…
2Cases cited1 opinion
- Jannin v. StateCourt of Criminal Appeals of Texas · 1899
3Cited by26 opinions
- Love v. WilcoxTexas Supreme Court · 1930
- Spence v. FenchlerTexas Supreme Court · 1915
- Texas-Louisiana Power Co. v. City of FarmersvilleTexas Commission of Appeals · 1933
- Texas Alarm & Signal Ass'n v. Public Utility CommissionTexas Supreme Court · 1980
- Commissioner of Internal Revenue v. WilsonCourt of Appeals for the Fifth Circuit · 1935
21 more not listed; retrieve them via the Exa API.