Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 442
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442 TEXAS & PACIFIC R'r Co. v. BOND. [Tyler Term,
Statement of the case.
should have been allowed and approved, to be paid out of the community
property in due course of administration. As the allowance
was not thus restricted, the judgment must be reversed and the
cause remanded to the court below with instructions to remand the
cause to the county court, directing said court to approve the said
claim payable out of the community property of S. P. and M. A.
Hollingsworth in due course of administration.
REVERSED AND REMANDED.
[Opinion vered November 18, 1884.]
f
TEXAS & PACIFIC R'Y Co. v. J. R. BOND
1j/ (Case No. 1718.)
1t. RAILWAY PASSENGER.--The strict rule which authorizes the conductor on a
railway train to eject therefrom a passenger who refuses to pay his fare is
confined to wilful violators of the contract. It does not apply where a passenger
tenders as his fare the sum he has been accustomed to pay on the
same road, and who does not wilfully refuse to pay the full fare demanded
of him by the conductor.
2. SAME.--A railway conductor cannot act on the assumption that an apparent
unwillingness to pay the regular passenger fare on the railway is an absolute
and wilful refusal to pay fare, and thereupon put the passenger off the
train. Though the passenger, under a mistake as to the proper amount
which should be paid, declines to pay the amount of fare demanded, yet
time should be allowed him to tender and.pay after taking steps to stop the
train to put him off, where he does not wilfully persist in his refusal.
APPEAL from Kaufman. Tried below before the Hlon. Green J.
Clark.
Plaintiff brought suit to recover damages for being ejected from
defendant's train, and alleged that on the 28th day of October, 1883,
he entered defendant's train at Elno to be carried to Terrell; that
after going about a mile, defendant, after receiving from him twenty
cents, a part of the fare, declined to receive any further sum for
such fare,- though the same was tendered to the conductor,--and
with force and violence ejected him from the train at a point other
than the usual stopping place, thus compelling him to walk a distance
of six miles, whereby he was greatly injured in his person,
feelings and estate; that this ejection was done in the presence of a
large number of people, and in an insulting, rude, wanton and malicious
manner, and that defendant ratified the said acts of its con
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/464/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .