Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-03-17

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cedent. ri fraud d his creditors Such
property forrns no part q ms
tor has no concern with ii. All tho title
of the erant0r passed 70 his fraudulent
grantee. subject only tothc right Of the
defraudcd cfedltbr80to have the convey
ancc set aside so far ashis debts arc c0n-
cerncd, and the property made liable for
rs payment. The appellants having q
Judgment against the estate Of 1s--, and
snch estate being InsoNent, we're en-
titled by snit ~ subject property cor
yeyed IN fraud Of iheif debt to It's pay
neut, and the court erred IN sustaining
a demurrer OF the ground OF the pendeiicy
OF Administrations. Reversed and ~
mandcda Opinion by Wnlley G. j.
O., G.. 6 ~ FerCO. W.. 9n0. McGowdni
appeal from Galveston county, TneleNl
dence was such as to1ustify aNedictfor'
plaintiff II he had been anDrd.nafy pas
senger. The charge assumcs atthe
same degree OF care Is 'hieumbent upon
a carrier pf passengers, in the care Of
one travelling ON aofree pass asiof one
paying fulllfarc. Pieintiff was tfaQding
on a tlee pass from Ghlyestof 20 Fort
Worth which on itsfacc had the follow
ing words Good for one "trip only
upon conditions indorsed4 hcreon when
couubersianed, eto.ni Ga thelbacs were
the following words p'NOg transferable.
II presented by any other person than
the nindlydu0ll named herein the
conductor win take CUP this ticket
and collect fare Free passen-
gers assume all risks OF
accidents to theiy persons and property,
without claims for damages upon the cor.
poratiou. Good for passage only when
signed by the person to whom issued."
The plaintiff had not signed the pass
Held. d7ot tj2e nf nf
The fact that the plAinUG used the
PASS without signing 80 ls OF 40 inn
poBtance Having received and used it to
obtain free passage, he must be aheld TO.
have consented transformations as fully
as though ne had signed 10. rHl
2.HFhe negligence Of the .seent, of what
soeNer grade, as To matters within the
scope of his employment, with reference
to passengers, is the negligence of the
corporation itself, which likes Il liability
whiChthe carrier cannot be permitted TO
avoid iby contraety aa1 u1 1a
i. 3. A railroad company cannot, by con-
tract lay down its public character as
passenger carrier which the law as welly
as the naturagof tie omrloy1nept fyas
upon il. and become n mere private car
rier. For behindHny contract stands.
public policy which even the parties
ought not To he permitted 10 II, tya4t
A railway companp- q uIll,lIc cnrrierl
of passengers -eantotgsreliev, itself Inv
contract from liability, event TO free
passenger, from all injury which results
from the negligence of any iof its err,l
ployes or agents of whatever Grade. and
there was no error in tbeicourt,s charge.
Affirmed. Opinion bv Stavton. L.
Miller ct al ys the Gnlf Colorodo g
Santa Fe railway Company. .apneai from
Galveston. Suit by the railroad com.
pany on two of n great number Of mn. |
sidy OBLIGATIONS executed 10 The RAILROAD
bv citizens OF ReIton pbe cousideration
Of which. as eypressed ON thcir TACO vas
ttthc early construction Of the GnIf Colo.
RADIO & Santa "a rail- wsvf Ia tba fnwn of
Beltonn; and embraced the folloying
condition; ,tlf The GnIf Co,oradn &
Santa Ne roilwoy h not corrisf eJ to tbI,
town of Belton bv tbe first dav of March
1881. then this OBLIGATION 70 become mi
and void . Ntthe some timo t5ese mi
pations were eXectited5 there ygSe oiso
avecuted and dtJiva,nd ~, Am -r.i iro,I ~,
the citizens Of Relton n hond "hiigatin, .
themselves to "secure 10 The comngny MI
ronyevoncas a. TX i.i,' ~