Texas Cent. R. Co. v. Blanton
Decision Date | 04 June 1904 |
Citation | 81 S.W. 537 |
Parties | TEXAS CENT. R. CO. v. BLANTON. |
Court | Texas Court of Appeals |
Appeal from Shackelford County Court; I. M. Chism, Judge.
Action by Thomas L. Blanton against the Texas Central Railroad Company. From a judgment for plaintiff, defendant appeals. Reversed.
Clark & Bolinger and A. A. Clarke, for appellant. S. Webb and Thomas L. Blanton, for appellee
Appellee undertook to ride from Moran to Albany on one of appellant's freight trains without having the permit and ticket required by the rules of the company, and was therefore ejected by the conductor, notwithstanding his offer to pay the regular fare, and even four cents per mile, and notwithstanding the excuse offered for his failure to obtain a ticket and permit. He recovered a verdict and judgment in the sum of $630, from which this appeal is prosecuted.
The court erred in overruling appellant's challenge for cause of the juror Adams, as shown in the fourth bill of exceptions, the substance of which is thus stated in appellant's third assignment of error: If the word "bias" means anything, and that was the ground of challenge, this juror must have been disqualified. In answering that he had no bias in favor of the appellee, notwithstanding the facts above stated, he must either have misunderstood the meaning of the word, or else did not understand himself. The court should have been governed by the facts stated, and not by the conclusions of the juror.
We are by no means able to say the error was harmless, since there was a...
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Kansas City Life Ins. Co. v. Elmore
...55 S. W. 985, the juror, we think, manifested about the same bias as in this case and was held disqualified. In Railway Co. v. Blanton, 36 Tex. Civ. App. 307, 81 S. W. 537, the juror denied his friendly feeling for Blanton would influence his verdict, yet he admitted a very friendly feeling......
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State v. Wheeler
...not by the opinion of the juror as to the effect thereof. Lingafelter v. Moore, 95 Ohio St. 384, 117 N. E. 16; Texas Cent. R. Co. v. Blanton, 36 Tex. Civ. App. 307, 81 S. W. 537. The trial court, in passing upon a motion for continuance, or ruling upon the competency of jurors, has great di......