Ellis v. Houston East & West Texas Railway Co.

PLEASANTS, Associate Justice.

Appellant brought this suit to recover damages for his alleged wrongful ejection from one of appellee’s trains upon which he alleged he was a passenger and entitled to transportation under a lawful contract therefor made with appellee through its duly authorized agent. The substantial allegations of plaintiff’s petition are as follows:

“That on or about the 26th day of August, 1899, he entered into a contract with defendant, through its local agent at Lufkin, for transportation from the town of Lufkin to the town of Nacogdoches and return ; that he represented to…