Fort Worth & Denver City Railway Co. v. Hyatt

HUNTER, Associate Justice.

It is contended by appellant company, that neither the common law nor any statute required it to Avarm' its coaches in cold weather, and that plaintiffs should have plead and. proved a universal custom for railroad companies to warm their passenger coaches for the benefit of the public, in order to entitle them to-recover.

The petition objected to stated that Mrs. Hyatt and her babe and children were required, by the conductor and agents in charge of the train, to ride from Clarendon to Amarillo in a coach provided.with stoves for heating purposes, but Avith no fires…