Texas & Pacific R'y Co. v. Mays
Texas & Pacific R'y Co. v. Mays
Opinion of the Court
Opinion by
§ 159. Common carriers; duty of to Jceep depots warm and comfortable; damages recoverable for failure so to Jceep depot to injury of passenger. Appellee purchased at Arlington, at appellant’s depot, a ticket to Fort Worth. He purchased said ticket about 6 o’clock P. M. The passenger train going to Fort Worth was due at 6:05 P. M., but did not arrive at Arlington until about 9:30 P. M. It was cold weather. Appellee was a cripple. There was no fire in the waiting-room at the depot. Appellee requested the porter and the agent of appellant at the depot to have the waiting-room warmed by fire. His request was not complied with. He was exposed to the cold while waiting at the depot, which exposure caused him to contract a severe cold and a fever. He brought this suit to recover damages, and recovered judgment for $250. It is the duty of a railroad company to keep its passenger depots lighted and warm, and open to the ingress and egress of all passengers a reasonable time before the arrival and after the departure of passenger trains. [Acts 1889, ch. 23, p. 19.] The statute cited is not violative of section 35, article 3, of the constitution. [Tadlock v. Eccles, 20 Tex. 782; 4 Sayles’ Civil St., p. 516; notes to sec. 35, art. 3, Const.] Said statute, as to the
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.