Dallas Railway & Terminal Company v. Tucker

TIREY, Justice.

This is a negligence case. Plaintiffs grounded their cause of action on the negligence of the agent of defendant operating one of defendant’s passenger cars and alleged substantially that the wrongful and negligent conduct of the agent of defendant in attempting to eject passenger E. E. Tucker from the car resulted in his death and the resulting damages to his widow and to his estate.

The jury in its verdict found substantially that defendant’s operator of the car used more force than was reasonably necessary in ejecting the deceased, and that such conduct was negligence and was…