Texas Midland R. R. v. Griggs

• Decision Date: 30 November 1907
• Citation: 106 S.W. 411
• Parties: TEXAS MIDLAND R. R. v. GRIGGS.
• Court: Texas Court of Appeals

106 S.W. 411

TEXAS MIDLAND R. R. v. GRIGGS.

Court of Civil Appeals of Texas.

November 30, 1907.

Rehearing Denied December 21, 1907.

Appeal from Ellis County Court; J. T. Spence, Judge.

Action by Susan Griggs against the Texas Midland Railroad. Judgment for plaintiff, and defendant appeals. Reversed and rendered.

Ogden, Brooks & Napier, A. H. Dashiell and Edw. H. Wicks, for appellant. Jack & Jack, for appellee.

TALBOT, J.

Appellee, Susan Griggs, sued the appellant in the county court of Ellis county to recover the sum of $1,000 as damages alleged to have been sustained by her through the negligence and wrongful acts of appellant's agent. She avers, in substance, that on the morning of the 5th day of January, 1906, she went to the railroad depot of appellant at Alsdorf, and entered the waiting room and asked for a ticket over appellant's road to Rosser, Tex.; that the agent of appellant refused to sell her a ticket, and that after she had remained in the depot for some time said agent told her to leave, which she did, and he closed said depot, and did not open it again until about 15 minutes before the arrival of the train upon which she desired to take passage; that, by reason of being required to leave appellant's depot, she was exposed to the cold weather, made sick, and suffered much physical or bodily pain. Appellant pleaded a general denial, and specially that it was in no way instrumental in causing the sickness and suffering of appellee; that, if she was sick and suffered as alleged, the same was wholly due to causes other than any act or omission on the part of appellant; that its depot and waiting room were open for an hour before the arrival and for an hour after the departure of all passenger trains due to arrive and depart from its station Alsdorf on the day in question. The case was tried by the court without a jury, and resulted in a judgment for appellee in the sum of $150.

There is no statement of facts in the record, but the trial court filed the following conclusions of fact: "The defendant, Texas Midland Railroad, is a corporation, owning and operating a line of railway in and through Ellis county, and is a carrier of passengers and freight, and has an agent in the town of Alsdorf in said county. That plaintiff, Susan Griggs, with some three or four other negroes on or about the time alleged in plaintiff's petition, went to the depot of defendant at the town of Alsdorf, in said Ellis county, to purchase transportation to the town of Rosser, in Kaufman county. She arrived at said depot at Alsdorf about 10 o'clock a. m. on said date shortly after the departure of the south-bound passenger train for Ennis, and immediately asked the agent for a ticket to the said town of Rosser. The agent informed her that tickets for the north-bound passenger train, scheduled to arrive at 1 o'clock and 58 minutes p. m., were not yet on sale. The agent of the defendant permitted her to remain by the fire in said depot until 11 o'clock and 45 minutes a. m., at which time she was requested to go out of the depot, which she did, and the agent of defendant closed said depot and went to dinner, returning about 1 o'clock p. m., and reopened to plaintiff said depot. While the agent of said defendant was gone to dinner, the plaintiff was exposed to cold air, the day being a rather clear, cold, wintry day, which exposure gave her a severe chill. The north-bound train arrived on schedule time, the plaintiff was put upon the train, and arrived at her point of destination a short time thereafter. The next day after her arrival at the town of Rosser, she having grown more ill, a physician was called in and she was under his professional care about 8 days, although he saw her only twice. Plaintiff suffered considerable bodily pain by reason of said exposure. She at the time of the injury was about 60 or 65 years old. That the town of Alsdorf is a small station, having one store, and the agent of...