Pullman Palace-Car Co. v. Smith

• Decision Date: 12 December 1890
• Citation: 14 S.W. 993
• Parties: PULLMAN PALACE-CAR CO. v. SMITH.
• Court: Texas Supreme Court

14 S.W. 993

PULLMAN PALACE-CAR CO. v. SMITH.

Supreme Court of Texas.

December 12, 1890.

Appeal from district court, Kaufman county; ANSON RAINEY, Judge.

Percy Roberts and R. P. Willing, for appellant. Shelton F. Leake and Word & Charlton, for appellee.

HENRY, J.

This suit was brought by the appellee against the Pullman Palace-Car Company, a corporation, to recover damages. The petition alleges that plaintiff and his wife engaged passage on a train of the Texas & Pacific Railway Company to Terrell, in this state; that, being such passengers, they, at a point in the state of Louisiana, applied to the defendant corporation for, and obtained from it, berths on the Pullman sleeping-car, which was run in connection with the train on said railway; that shortly after entering said sleeping-car, plaintiff and his wife retried, and were asleep; that, under the rules and regulations of defendant, and by common usage and practice, defendant's agents in charge of said corporation were bound to awake plaintiff and his wife in time to enable them to dress and get off the train at Terrell, the place of their destination, and that they relied on them to do so; that said agents went to sleep and neglected their duty; that when said train reached the water-tank, about one-half mile east of the passenger depot at Terrell, which it did about 5 o'clock in the morning of February 5, 1889, it was stopped for the purpose of taking on a supply of water, and for other purposes, and that this fact was known or should have been known to defendant's agents; that, when said train had stopped at said water-tank, defendant's said agents a woke plaintiff and his wife, and told them that they were at the depot, and to hurry off; that said agents caused plaintiff and his wife to get off of said car at said water-tank; that in the excitement and rush incident to the announcement that the train was at Terrell, and that all must hurry off, plaintiff's wife was pushed and shoved off and down the car-steps to the ground, some three feet in distance; that his wife had no time to properly dress herself; that it was a cold and damp morning; that the ground and grass were wet from recent rains; that as soon as plaintiff and his wife were off the train, and before they had learned of the mistake, and that the depot had not been reached, the train moved off and left them standing in the rain, mud, and cold; that plaintiff and his wife were strangers in Terrell, and did not know where the depot and hotels were situated; that it was so dark as to make it impossible to move with discretion; that they were forced to remain standing at the water-tank for a great while in the rain, mud, and cold; that plaintiff's wife was greatly frightened, and was made sick by the exposure; that she was confined to her bed and unable to care for herself for more than five weeks; that plaintiff was forced to provide medical aid for her, and pay therefor; that plaintiff was forced to remain away from his home, which was in the state of Louisiana, and his business, to give his attention to his wife, for more than two weeks, and suffered much mental anguish on account of...