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

Citations

• 62 Tex. 256
• 1884 Tex. LEXIS 221

Syllabus

<p>1. Railway passenger.—A passenger who takes passage on a through train, with notice that under the regulations of the company the train will not stop at a designated intermediate point, cannot require the train to stop at such point to enable him to get off there. If, in ignorance of such regulation, he takes passage on a through train, with a ticket to a station at which the train will not stop, the company has a right to correct his mistake at any regular stopping station for that train, before reaching the station desired; and if, being informed of his mistake, after being afforded an opportunity to quit the train at a regular stopping station and wait for the proper train, he refuses to do so, the conductor of the train may put him off in a proper manner,</p> <p>2. Evidence,— Evidence of general notoriety at a designated place, of the custom of a railway company in running its trains, is not admissible against one who does not live at that place, and is not shown to have had the means of acquiring such general knowledge as may be possessed by residents of the place.</p> <p>3. Contributory negligence.—One who receives injury in jumping from a moving railway train, and who jumps therefrom because ordered or directed so to do by a conductor who is ejecting him, cannot be charged with contributory negligence.</p>