Texas & Pacific Railway Co. v. Cole

Citations

• 66 Tex. 562
• 1 S.W. 629
• 1886 Tex. LEXIS 567

Syllabus

<p>1. Carrier of passengers—Failure to stop at destination—Contributory negligence—A railway company sold a passenger a ticket to G. The train did not stop at G., and the passenger was put off the train at W., at midnight. Held:</p> <p>(1) The company’s first breach of duty was in selling the passenger a ticket to G., when the train did not stop at that place. After finding it impossible to put her off at G., it was its duty to leave her at the nearest station where she could obtain comfortable accommodations, and from which she could travel with the least delay to G. (Railway Company v. Gilbert, 64 Tex., 536.)</p> <p>(2) This having been done it was the passenger’s duty to use ordinary care to prevent injuries to herself greater than the situation demanded.. See opinion.</p> <p>(3) (Railway Company v. Gilbert, supra, reviewed, and other authorities cited.)</p>