I. & G. N. R'y Co. v. Gilbert

Citations

• 64 Tex. 536

Syllabus

<p>1. Passenger and carrier — Conductor—Negligence.— It is well settled that a person who, by mistake, gets on á different train from the one he intended taking passage on, is a passenger on the train he boards, and the relation of passenger and carrier exists between him and the company. Following R’y Co. v. Powell, 40 Ind., 37. and Barker v. R’y Co., 24 N. Y., 599.</p> <p>2. Fact case.— See opinion for facts held sufficient to notify a conductor of a female passenger's ignorance of the railroad routes, and to make it his duty to examine her ticket, or inquire what route she wished to travel.</p> <p>3. Railway company — Damages.— If a passenger, through the fault of servants of a railway company, takes the wrong train, it is the duty of the company to return him in safety to the place where the mistake was made, or leave him at a convenient place until a return train arrives; if the passenger is ejected at an uncomfortable and an unsafe place, the company is liable in damages for the bodily and mental suffering caused thereby, as well as for the injuries resulting from the effort to reach a place of comfort and safety.</p> <p>4. Evidence — Custom.—Proof of .custom cannot be admitted to contradict a fact plainly proved by positive testimony.</p> <p>5. Damages.— Damages for bodily and mental suffering must'be largely left to the discretion of the jury. Unless outside influences excite their passions and prejudices so that they abuse this discretion, the verdict will not be interfered with on appeal.</p>