97 S.W. 506 | Tex. App. | 1906
This is an action brought by the appellee in the court below against appellant for damages for failure to sell her a round trip ticket from Paris, Texas, to Marietta, Georgia. There was a trial before a jury resulting in a verdict and judgment in favor of appellee for $150. The testimony of appellee, although in conflict with that of appellant's witnesses, justified the paragraph of the court's charge complained of in appellant's first assignment of error, and supported the verdict of the jury in finding that appellant contracted with appellee to sell her a round trip ticket from Paris, Texas, to Marietta, Georgia, and not a ticket or contract of the kind which was delivered to her. Hence we overrule appellant's first and second assignments of error.
In our opinion appellee's testimony shows a contract with appellant's agent whereby he agreed to sell her a round trip ticket from Paris, Texas, to Marietta, Georgia, over what was known as the "Southern route," and appellee, having paid for such ticket, had the right to assume that the ticket delivered to her conformed to the contract. As said by Chief Justice Fisher in delivering the opinion of this court in the case of Gulf, C. S. F. Ry. Co. v. Copeland, 17 Texas Civ. App. 58[
The special charges, refusal of which is complained of in appellant's third and fourth assignments of error, were inapplicable to the facts of this case, and therefore properly refused. Appellee was not asserting any rights under the ticket delivered to her, and therefore was not bound by any of its provisions.
There was no error in the action of the court below in refusing to give to the jury appellant's special charge number 5. In our opinion appellee's testimony shows that the failure of appellant to give to her the ticket she was entitled to under her contract with it was the proximate cause of the discomfort, exposure, inconvenience and sickness suffered by her at Birmingham, Alabama; and hence appellant should be held liable in damage therefor.
We find no reversible error in the record, and therefore the judgment of the court below is affirmed.
Affirmed.
Writ of error refused.