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

Citations

• 64 Tex. 144

Syllabus

<p>1. Damages — Consideration — Negligence.— The confidence induced by undertaking even a gratuitous service for another is a sufficient legal consideration to create a duty in its performance; hence, a railway company is liable in damages for negligence which results to the injury of a passenger who is lawfully in its car, whether he is charged and pays his fare or not.</p> <p>2. Railway company — Presumption.— If, by the rules of the railway company, passengers are expressly forbidden to ride on a particular train, the presumption exists that any one claiming to be a passenger upon such a train is an intruder. Such presumption does not exist' when it is shown that, notwithstanding the prohibition, passengers are habitually transported on such train, with the knowledge of the company and without objection on its part.</p> <p>8. Damages — Railway company.— A railway company is liable in damages to one who is injured by the negligence of its agents while traveling on a hand-car of the company on which he had been invited to ride by the proper agent of the company free of charge; it being shown that such a car was sometimes used by the company for the transportation of passengers, and that no rule of the company was violated thereby.</p>