Pullman Co. v. Custer
Court of Appeals of Texas
Appeal from El Paso County Court; Albert S. Ely lar, Judge. Action by W. A. Custer against the Pullman Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtHiggins, J.
Action by appellee for damages because of humiliation, mental anguish, and distress alleged to have been sustained by reason of an unlawful ejectment from a sleeping car owned and operated by appellant and attached to Southern Pacific train; appellee and two companions having boarded said train through the Pullmans at Benson, Ariz.
[1] The uncontradicted- testimony, it is urged, fails to show an ejectment; but the testimony upon this phase of the case is sufficient to raise the issue. The fact that appellee was not actually within the car is immaterial. The testimony is sufficient to show that…
2Cases cited10 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
- Wintz v. MorrisonTexas Supreme Court · 1856
- Gulf, Colorado & Santa Fe Railway Co. v. ManghamCourt of Appeals of Texas · 1902
- Leach v. LeachCourt of Appeals of Texas · 1895
- Denham v. Trinity County Lumber Co.Texas Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pullman Co. v. StrangCourt of Appeals of Georgia · 1926
- Levin v. International-Great Northern R.Court of Appeals of Texas · 1931
- Anthony v. BallCourt of Appeals of Texas · 1912