I. & G. N. Ry. Co. v. Folliard

Citations

• 66 Tex. 603
• 1 S.W. 624
• 1886 Tex. LEXIS 577

Syllabus

<p>1. Common carrier—Baggage—When a passenger notifies the servants of a railway company of his wish that his baggage go with him, it is the duty of the company to take charge of it. The company is liable, as for a breach of that duty, if the passenger, having been directed by a servant of the company where to deposit his baggage, delivered it at the place designated, but, by mistake, to another than an employee of the company.</p> <p>2. Jury—Verdict—It is the peculiar province of the jury to decide issues of fact. Athough the evidence be conflicting, the verdict will not be disturbed if sufficiently supported.</p> <p>8. Carrier of passengers—Liability—A passenger upon a railway train was put off at one end of a trestle, and his gun, which was in the baggage car, at the other. After crossing to get the gun, and while returning with it, he slipped, fell and received personal injury. Held:</p> <p>The railway company was liable for any injury to the passenger which was the probable and natural consequence of hi's being put off its train at one end of the trestle and his gun at the other; but not for injuries, such as the one received by plaintiff, resulting from dangers which a prudent man, with time to consider, would have avoided.</p>