50 Tex. 43 | Tex. | 1878
On the 6th day of May, 1874, appellant purchased of appellee, for the sum of four dollars and thirty cents, a ticket entitling him to ride in appellee’s cars from the city of Jefferson, Marion county, Texas, to Mineóla, in Wood county, Texas; and on the same day he entered appellee’s passenger car, on its west-bound train, for
This brief outline of the circumstances which led to this action, though by no means as full as presented in the transcript, will suffice for a proper comprehension of the questions involved, and the view taken of them by this court, when considered in connection with the further fact that appellant does not seek a recovery of damages for his detention at Longview, or loss of his trip by being left there, but claims damages merely for the assault charged to have been made upon him by the servants of appellee, and being thereby Compelled to pay fare from Longview to Mineóla on said train of 7th of May, 1874.
The right of railway companies in this State to eject from their cars at a regular stopping place, without the use of unnecessary force, all persons failing to pay fare or presenting, when demanded, a ticket or other evidence of their right to
It follows from what has been said that appellant has no right to complain of the insufficiency of the verdict, but, on
For the error in the court below adjudging the cost against appellant, the judgment must be reversed and reformed; and judgment is here rendered in favor of appellant for the sum of two dollars and fifty-five cents, the amount found in his favor by the jury, with interest thereon from the date of the judgment in the court below; that each party be taxed with the cost incurred by such party respectively in the District Court; and that appellant recover the cost incurred in this court, &c.
Reversed and reformed.
[Justice Bonner did not sit in this case.]