Foreman v. Missouri Pac. Ry. Co.

• Decision Date: 28 September 1893
• Citation: 23 S.W. 422
• Parties: FOREMAN v. MISSOURI PAC. RY. CO.
• Court: Texas Court of Appeals

23 S.W. 422

FOREMAN v. MISSOURI PAC. RY. CO.

Court of Civil Appeals of Texas.

September 28, 1893.

Appeal from district court, Walker county; Norman G. Kittrell, Judge.

Action by James T. Foreman against the Missouri Pacific Railway Company for personal injuries. From a judgment sustaining a demurrer to the petition, plaintiff appeals. Reversed.

Benton Randolph, for appellant. Baker, Botts, Baker & Lovett, for appellee.

PLEASANTS, J.

This cause was by the supreme court, upon appeal by the appellee from judgment in favor of appellant, reversed at the Galveston term, 1889, and the decision is reported in 73 Tex. 311, 11 S. W. Rep. 326. Upon second trial of the case in the district court, judgment was rendered for the defendant upon demurrers, general and special, presented to the petition; and, the plaintiff declining to answer, his suit was dismissed, and he brings his case to this court by appeal. The petition, after averring plaintiff's residence to be in the county of Marion and state of Texas, and that the defendant was a corporation duly incorporated by the state of Missouri, and that the International & Great Northern Railway Company was a corporation created under the laws of Texas, and that it was the owner of a railroad running between the town of Trinity, in Trinity county, Tex., and the town of Conroe, in the county of Montgomery, Tex., and through the town of Huntsville, in Walker county, Tex., and that said railroad was being operated by said defendant, the Missouri Pacific Railway Company, under leave from said International & Great Northern Railway Company, and that said defendant was engaged in carrying passengers over said road, and that on the 29th of January, 1887, plaintiff purchased from the duly-authorized agent a ticket for passage over said road from the town of Trinity to the town of Conroe, alleges as follows: "That while plaintiff was a passenger on the train of said Missouri Pacific Railway Company by virtue of said contract of purchase and of said ticket, on his way to said town of Conroe, and just as the arrival at Dodge, an intermediate station, was announced, plaintiff told the conductor that he was expecting letters at Dodge, and asked the conductor how long the train would stop at that station, and if he would have time to go to the post office and back, and that the conductor replied `Yes;' that the train would stop five minutes, and he would have time to go and return. That plaintiff at once went hurriedly towards the post office, which was not more than fifty yards from said train, for the purpose of making inquiry for important letters which he was expecting to find...