Ormond v. Hayes

Citations

• 60 Tex. 180
• 1883 Tex. LEXIS 295

Syllabus

<p>1. Charge of the court.—Where the pleading alleged, and evidence was introduced, to the effect that the railway company had agreed to stop its train at a particular point, viz., a section-house, and then refused so to do, in an action for damages against the company it was error in the court to charge that, ‘ ‘ under the allegations and proof, it is immaterial to the plaintiff’s right to recover, whether the train was stopped at the section-house or not, and in making up your verdict you will not consider that question.”</p> <p>3. Same.— Such a charge is also, to some extent, one upon the weight of evidence.</p> <p>3. Same.—A charge of the court as follows: that as soon as “the deceased alighted in safety from the car in which he and his wife (the plaintiff) were carried, then the relation ceased, and from that time the defendants owed them no duty as passengers,” is too strong and unqualified in its character.</p> <p>4. Carrier and passenger.— The relation of carrier and passenger does not necessarily cease where the latter alighted from the car and still aids the carrier’s servants in removing his baggage from the car; nor does the act of so aiding make him a servant of the carrier.</p>