Texas & P. Ry. Co. v. Beaird
Court of Appeals of Texas
Appeal from Smith Oounty Court; J. F. Odem, Judge. Action by J. W. Beaird against the Texas & Pacific Railway Company. From a judgment for plaintiff, defendant appeals. The appellee had purchased from the appellant’s agent a ticket entitling him to passage from Grand Saline to Mineóla, paying therefor the sum of 40 cents.
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Appeal from Smith Oounty Court; J. F. Odem, Judge. Action by J. W. Beaird against the Texas & Pacific Railway Company. From a judgment for plaintiff, defendant appeals. The appellee had purchased from the appellant’s agent a ticket entitling him to passage from Grand Saline to Mineóla, paying therefor the sum of 40 cents. The ticket became misplaced in some way about the person of appellee, and he paid the conductor of the passenger train the cash fare and took a receipt therefor. Upon the arrival of the train at Mineóla, appellee found the ticket and at once presented it, together with the…
1DissentWillson, C. J.
I think the statute, and therefore dissent from the conclusion reached by the other members of this court. The statute plainly makes it the duty of a railroad company in this state to provide for the redemption of a ticket sold by it and unused by the purchaser, if such ticket is presented for redemption to one of its ticket agents “within a time not exceeding ten days after the right to use” same “has expired by limitation of time as stipulated therein.” Article 1528, Bevised Criminal Statutes (Pen. Code). It as plainly denounces a penalty against such company if it “shall refuse or fail” to…
2Cases cited1 opinion
- Rohrig v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906