Legal Opinion

Texas & P. R'y Co. v. Garcia

Texas Supreme Court

Decided October 28, 1884No. Case No. 1739PublishedCited by 25 opinions

Appeal from Harrison. Tried below before the Hon. Felix J. McCord. Manuel Garcia, a minor ten years old, brought suit in the district court of Harrison county, Texas, by his next friend, Sixto Garcia, against the Texas & Pacific Railway Company, averring that on August 20, A. D. 1883, he was a passenger on one of appellant’s trains going from Longview Junction to Marshall, Texas, and the train of cars went to Marshall on that date with appellee as a passenger thereon; that…

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Appeal from Harrison. Tried below before the Hon. Felix J. McCord. Manuel Garcia, a minor ten years old, brought suit in the district court of Harrison county, Texas, by his next friend, Sixto Garcia, against the Texas & Pacific Railway Company, averring that on August 20, A. D. 1883, he was a passenger on one of appellant’s trains going from Longview Junction to Marshall, Texas, and the train of cars went to Marshall on that date with appellee as a passenger thereon; that when the cars arrived at Marshall, the agents and employees of appellant in charge of the train told Sixto Garcia,, who…

1Opinion of the Court

Stayton, Associate Justice.

The ruling of the court in reference to the admission of proof to the effect that the “drovers’ pass,” on which Sixto Garcia and his son Manuel and another boy were traveling, contained a provision that neither “ minors nor women ” should travel thereon as assistants to the drover, was in no manner important under the facts presented. The conductor of appellant’s train saw that pass and knew who the assistants were who were traveling on it. Knew that they were minors, and, notwithstanding this, received them as passengers. Under this state of fact they were entitled…

2Cases cited4 opinions

  1. P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
  2. Southern Railroad v. KendrickMississippi Supreme Court · 1866
  3. T. & St. Louis E. E. Co. v. JarrellTexas Supreme Court · 1883
  4. Columbus & Indianapolis Central Railway Co. v. FarrellIndiana Supreme Court · 1869

3Cited by25 opinions

  1. Davis v. HillTexas Commission of Appeals · 1927
  2. Casualty Reciprocal Exchange v. StephensTexas Commission of Appeals · 1932
  3. Lowrimore v. SandersTexas Supreme Court · 1937
  4. Glover v. PfeufferCourt of Appeals of Texas · 1914
  5. Galveston, Harrisburg & San Antonio Railway Co. v. PorfertTexas Supreme Court · 1888

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