158 S.W. 1045 | Tex. App. | 1913
We can see no reason why a sheriff should feel humiliated by being compelled to ride in the negro coach with his prisoner, when the same was necessary in the discharge of his legal duties. There are many disreputable places in which a man who claims to be respectable would feel mortified and humiliated, if found therein, except in the discharge of duty, and yet no sheriff would hesitate to enter such places when necessary to discharge his duties. There was no evidence at all of any reasonable apprehension on the part of the sheriff that there would be an attempt to rescue his prisoner; and this is evidenced by the fact that he remained in the coach after he was told by the conductor that he could take his prisoner back into the coach for whites. It is further apparent that he was not humiliated by finding himself by mistake in the negro coach on the Texas New Orleans road. Perhaps he was angry at not having his way in having the negro ride with him in the coach for whites; but if he was humiliated by being compelled (if such was the fact), in order to safely guard his prisoner, to ride in the negro coach, appellant is not responsible for such humiliation.
For the reasons above given, this case is reversed and rendered in favor of appellant.
Reversed and rendered.