Missouri, Kansas & Texas Railway Co. v. Tarwater

SPEER, Associate Justice.

This appeal is prosecuted from a verdict and judgment in the county court in favor of appellee for the sum of $150, for mental suffering occasioned him by being ejected from one of appellant’s trains after he had tendered to the conductor the necessary fare for transportation.

We think the complaint states a cause of action, although the mental suffering was not accompanied with any physical injury. The case is not analogous to Gulf C. & S. F. Ry. Co. v. Trott, 86 Texas, 412, 25 S. W. Rep., 419, and that line of authorities, but is ruled by the principles announced in…