Legal Opinion

St. Louis, Arkansas & Texas Railway Co. v. Mackie

Texas Supreme Court

Decided October 19, 1888No. 2507PublishedCited by 38 opinions

Appeal from Henderson. Tried below before the Hon. F. A. Williams. Mackie sued appellant for ten thousand and fifty dollars damages, of which sum two thousand two hundred and fifty dollars was claimed as damages to plaintiff N. A. C. Mackie, and two thousand five hundred dollars was claimed as damages to plaintiff’s wife, Sallie Mackie, and five thousand dollars was claimed as exemplary damages.

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Appeal from Henderson. Tried below before the Hon. F. A. Williams. Mackie sued appellant for ten thousand and fifty dollars damages, of which sum two thousand two hundred and fifty dollars was claimed as damages to plaintiff N. A. C. Mackie, and two thousand five hundred dollars was claimed as damages to plaintiff’s wife, Sallie Mackie, and five thousand dollars was claimed as exemplary damages. Appellee alleged that on February 7, 1887, he paid to appellant’s agent at Athens, Texas, forty-four dollars and ninety cents for two first class tickets over appellant’s road and connecting lines…

1Opinion of the Court

Stayton, Chief Justice.

Appellee desiring, with his wife and two children, to go from Athens, Texas, to some place in North Carolina, applied to the appellant’s agent at Athens, Texas, for through tickets to Nashville, Tennessee. Tickets were issued to him, for which he paid the price charged by the company for first class tickets, but by mistake or otherwise tickets were delivered to him which entitled him and family to travel only in a second class car.

He did not examine the tickets when they were delivered to him, but on the arrival of the train, with his family entered a first class car on…

2Cases cited1 opinion

  1. Gilbert v. KennedyMichigan Supreme Court · 1871

3Cited by38 opinions

  1. Slayden v. PalmoTexas Supreme Court · 1917
  2. City of Houston v. HuberCourt of Appeals of Texas · 1958
  3. Cole v. City of DallasCourt of Appeals of Texas · 1950
  4. Hot Springs Railroad v. DeloneySupreme Court of Arkansas · 1898
  5. Hendricks v. HuffmeyerTexas Supreme Court · 1897

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