Breen v. Texas & Pacific Railroad

Citations

• 50 Tex. 43

Syllabus

<p>1. Railroad—Right to eject passenger not paying fare.— 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 a seat thereon, cannot be questioned.</p> <p>2. Railroad regulations—Stop-over checks.—Railroads may prescribe, as a regulation, that passengers shall not stop off a train and complete their trip, for which they may have paid, without obtaining “ stop-over tickets.”</p> <p>3. Same.—The individual check of a conductor upon one train, given a passenger on taking up his ticket, is not evidence of a right to be carried on another train, under another conductor.</p> <p>4. Assault by railroad conductor.—See facts held insufficient to show an unlawful use of violence to a passenger by a railroad conductor.</p> <p>5. Costs—Statute construed.—In suits for damage, for assault and battery, or slander, in the District Court, where plaintiff recovers less than twenty dollars, he cannot recover costs. In such case judgment should be rendered against each party for his own costs. (Paschal’s Dig., art. 1467.)</p> <p>6. Tender.—The plea of tender does not apply to suit for unliquidated damages; and where a verdict and judgment were in such suit rendered for only the sum tendered, it was error to render judgment for costs against plaintiff.</p>