Gulf, C. & S. F. Ry. Co. v. Halbrook

• Decision Date: 05 February 1896
• Citation: 33 S.W. 1028
• Parties: GULF, C. & S. F. RY. CO. v. HALBROOK.
• Court: Texas Court of Appeals

Page 1028

33 S.W. 1028

GULF, C. & S. F. RY. CO. v. HALBROOK.

Court of Civil Appeals of Texas.

February 5, 1896.

Appeal from county court, Coryell county; T. C. Taylor, Judge.

Action by J. T. Halbrook against the Gulf, Colorado & Santa Fé Railway Company for ejecting plaintiff's wife from a train. Judgment for plaintiff, and defendant appeals. Reversed.

J. W. Terry and C. K. Lee, for appellant. McDowell, Miller & Hawkins, for appellee.

FISHER, C. J.

The appellee instituted this suit in the county court of Coryell county, and, by first amended original petition, alleged, in substance, as follows: That about the 7th day of June, 1893, his wife desired to make a trip to Goldthwaite, and remain there for a month or six weeks, on account of the ill health of his child; that he applied to the defendant's ticket agent at its office at McGregor for a round-trip ticket to Goldthwaite, informing said agent that he wanted the ticket for the use of his wife, and of the ill health of his infant child, and that his wife would want to remain at Goldthwaite for a month or perhaps six weeks, and asked the agent if he could issue a round-trip ticket for that purpose; and that the agent replied he could, whereupon the plaintiff paid for the ticket, and the defendant's agent handed him a coupon round-trip ticket from McGregor to Goldthwaite, retaining the money therefor,— $6.40; that plaintiff received the ticket, supposing that he was receiving an unlimited round-trip ticket, and one that would answer his wife's purpose in going to Goldthwaite and returning, when she should have completed her visit; that he left the defendant's office with the ticket, but in a short time thereafter examined the ticket, and discovered for the first time that the defendant's agent had fraudulently issued a ticket in such a manner as to limit its use to June 17th, a period of only 10 days; that as soon as he discovered the fraud, before time for his wife to board the defendant's train, he returned to the ticket office, informed the agent of the fraud he had practiced, and that the ticket was not what he had called for or what he had purchased, and did not suit him, and tendered it back to said ticket agent, and demanded the return of the money that he (the plaintiff) had paid for the same, or that the defendant's agent should extend the time for said ticket to be used so as to answer the purpose for which he had purchased the same, and said agent then and there refused to do anything for the plaintiff, saying that, under the rules of the company, he was not allowed to do so, and telling plaintiff that he could keep the said ticket, and he would sell him another, but this was all he could do for him; on the refusal of the said agent to correct the said fraud, plaintiff delivered the ticket to his wife, and she boarded one of defendant's cars at McGregor, and was transported to Goldthwaite, defendant's conductors honoring the ticket, and taking up the coupons for Goldthwaite, and returning the coupons for return passage,—Goldthwaite to McGregor; that thereafter plaintiff became dangerously ill with fever at McGregor, and telegraphed his wife, informing her of his condition, and requesting her to return as soon as possible; that thereafter, on June 17th, on receipt of such telegram, plaintiff's wife promptly repaired to the defendant's depot at Goldthwaite, but it was too late for the train going in the direction of McGregor on said date, and she was compelled to remain in Goldthwaite until the 18th of June; that she presented the ticket to defendant's baggage master at Goldthwaite, and demanded that he check her baggage to McGregor on the faith of said coupon, and that such agent then and there honored the said coupon, and did check her baggage to McGregor; that plaintiff's wife, believing that she was entitled to be transported to McGregor by the defendant under and by virtue of such coupon, entered into the defendant's cars, and, after riding in the cars a short distance, she was called upon for her ticket by the conductor; that the defendant's conductor refused to honor the said ticket, informed plaintiff's wife that she would have to pay fare; that she told said conductor the circumstances under which such ticket was purchased, informed him of the refusal of the agent at McGregor to correct such fraud, and also told him of her husband's sickness at McGregor, and her anxiety to be permitted to continue her journey, and that she had no means to pay fare or purchase another ticket; and, on her failure to produce another ticket, the said conductor ejected her from said train at Lometa, Tex., all to plaintiff's damage in the sum of $1,000. Defendant answered by special plea to the jurisdiction, general exceptions, and general denial. There was a trial before jury; verdict and judgment on the 11th day of January, 1895, for $500.

It appears from the case made by the evidence offered in behalf of appellee that on the 7th day of June, 1893, he applied to the appellant's ticket agent at McGregor for a round-trip ticket to Goldthwaite and return, for the use of his wife, and at the time informed the agent that on account of the ill health of his infant child, who would accompany his wife, she would remain at Goldthwaite and vicinity for a period of one month or six weeks, and asked the defendant's agent if he could issue and sell a round-trip ticket for that purpose, and thereupon defendant's agent replied that he could. The agent then made out the ticket, and folded and handed it to appellee, who thereupon paid the charges for a round-trip ticket. A few minutes afterwards, appellee discovered that the ticket was limited to go and return within 10 days, whereupon he called the attention of the agent to such limitations, and demanded the ticket good upon which to return in a month or six weeks, and tendered the ticket back to the agent, and demanded a return of his money, or that the agent should extend the time as agreed upon. All of this the agent refused to do, and he kept the money. The round-trip tickets sold for a reduced price. The appellee then placed his wife and child aboard the appellant's train, and they traveled upon the ticket to Goldthwaite; and after the 10 days had expired, but before the expiration of 30 days from the day upon which the ticket was purchased, she boarded defendant's train at Goldthwaite, in order to return to her home, at McGregor....