Dillingham v. Russell
Texas Supreme Court
Error from Freestone. Tried below before Hon. Sam. R. Frost. This suit was brought against plaintiffs in error by the defendant in error, Russell Anthony, to recover both actual and exemplary damages for unjustifiable assault and ill treatment inflicted upon him while a passenger on the cars of the railway company by one of its conductors.
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Error from Freestone. Tried below before Hon. Sam. R. Frost. This suit was brought against plaintiffs in error by the defendant in error, Russell Anthony, to recover both actual and exemplary damages for unjustifiable assault and ill treatment inflicted upon him while a passenger on the cars of the railway company by one of its conductors. On the 23d day of July, 1887, defendant in error bought a ticket and boarded a train of the company at Richland station, in Navarro County, Texas, to go to Wortham, in Freestone County, Texas. He remained standing on the platform of the car, where the…
1Opinion of the Court
Stayton, Chief Justice.—
This action was brought by defendant in error, July 28, 1887, against plaintiffs in error, who were receivers appointed by a Circuit Court of the United States prior to the time the injury complained of was inflicted, and in possession of and operating the Houston & Texas Central Railway at the time plaintiff claims to have been injured. It was brought to recover damages, actual and exemplary, on account of injuries resulting from an assault and battery made on him while a passenger in one of the cars, by the conductor in charge of the train and in the employment of…
2Cases cited9 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Brabham v. Mississippi Ex Rel. SmithCourt of Appeals for the Fifth Circuit · 1938
- Gulf, C. & S. F. Ry. Co. v. CobbCourt of Appeals of Texas · 1931
74 more not listed; retrieve them via the Exa API.