St. Louis, Arkansas & Texas Railway Co. v. Mackie

Citations

• 71 Tex. 491
• 9 S.W. 451
• 1888 Tex. LEXIS 1171

Syllabus

<p>1. Hearsay Testimony.—The improper admission, of hearsay testimony is not ground for reversal on appeal when the same fact was established by other testimony not objected to.</p> <p>2. Mistake—Negligenoe.—Appellee bought and paid for first class tickets for himself and family. The agent delivered second class—appellee not noticing the error. The conductors refused admission to first class cars except upon payment of the additional price. This was not paid and appellee and family were carried in second class ears. Held, that appellee, who was p’aintiff below, was entitled to recover.</p> <p>3. Same—Measure op Damages —It was not the duty of the passenger holding second class tickets, having bought and paid for first class, to pay the additional price to entitle him to recover for damages to the full extent of the injury suffered from the violation of the contract.</p> <p>4. Damages.—A party whose duty it is to perform a service necessary to the fulfilment of his contract, and to prevent injury from its violation, ’ is expected to perform such duty, and he can not complain that extra compensation was refused on his demand conditioned to his full performance of such duty.</p> <p>5. Carrier of Passengers.—Passengers in a second class ear are entitled to protection against the acts of fellow passengers to the extent that good conduct must be exacted on the part of persons inclined to use of vulgar and offensive language and conduct.</p>