Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-27
COURT OF APPEALS.
Disposition Of the Motion Docket Cases
Reported Al Length.

Missouri Pacific Railway company. ap.
pellonL vs.. J. ~ MARITIME. appellee, An'
peal frou the district court OF Dallas
OPINION on mnEAUiNG.
We 1dhre To- that pant of Rae opinion
OF tlt commission of nnppWa Wuuttrl iu
this case Fob. 22 lNlA huldiug appellant
refusing TO receive the ticket oi nppcilco'a
wife after ifs agent had wumuully rC.
fused to stomp 10 W it8 office in a. Louis
" Was the appellant through lls agent NJ
81 Louis who violated the contfuCt cNi.
dCnced boy the ticket lay as wrongful rp-
fusal 10 stamp the same when presented to
II, nud II was the appellant through it1
conductors Who wrungiuny refused tO uC.
cCpt the unstumncd Ticket whW THIS DC.
feet was Attributable tO rs own fault uud
not that ~ nppellee's wife While appel.
their Instructions nom % YET Il wis the np.
pcllnui who WAS guilty ~ tho violation w
the contract Ia The hrft instance nud ~
cannot nVnil Itself of lts own rVuulutinns
20 shield d against the councguonucu OF
such violation. We think these ouncluslunH
well sustained hy thp decisions referred tu
in The opinion rendered by tlc honorable
commission of appeals no uic iufmct hear
ing Of this cuse aud to be- established IA
Tits state hy the dociuun OF our Supreme
court IA the cnae Of ny vs. Machc, "A
ICXaa. iDl.
Upon a careful examination OF the record.
however. we ure Of opinion that the ludK.
mrnt rendered 10y The court below should
De reversed for the error focuruiEod Ia
the opinion ~ The commission Ua having
been committed by the court below hi
overriding appellants special exception 20
that part 90 appellee petition which seeks
90 recover damages for hlH own mental
suffering and IN refusing 10 give a special
churRr requested by appellant excluding
tlia elcmeua VI damage nom the ,onaldUtu.
Ton 81 Oh" jury Ia thg opinion OF the
commission Of appeals the charge given
by the court aid Ia eject DO thls. but
We do not so ronatrue the charge.
IN llis petition after alleging The wrongs
that had been done to bic wife nnd ihelr
effect upon hcr appellant added another
clause 10 follows
"Plalniln would aver that when mis- vie
arrived Ht DnllnH he mot hor I'd tho trrtu
ana ahc was in tears mud nearly distracted
and she then told him OF thr wrour1 in-
suits nud lndirulupH that she had suffered
ON hor trip 90 the handa pf defendants
agents nud that he took her
home and size was sick ana confined in
her rO1m Tor number uf days nnd un.
able 10 attend io hcr dutos. nnl iho sumo
caused your petitioner much pain ana un.
guifh nnd ON " such sickness. pain ana
anguish was caused FROM tc nctH OF De-.
fcnduniH agents as ufurrguld, 90 plamtiu "a
damage Ia the sum Of 5000 Wherefore
We construe those allegations 20 be a
distinct nvcrmcnt ~ the mental anguish
suffered by appellee ~ distinguished FROM
that SET forth 30 the previous allegations
his wife. To this clause W The petition
appellant inicrpoacd j special exception
which was oyerrnicd by me court below
On the trial ~ tie case appellee tostl.
ned that "nfter mY wife returned from
DcnisOn she was sick aud IN bed Tor some
time, She was cQuiuDl % the room ana
ashamed md bad over n Size told him
the way Hhr had been treated hy The con-
ductor between Parsons ana bpniHUn HEd
snld Il made Der feel bad and aahnncd."
- aha q
damages was as f0ll0wa' "euch dnmaRea
would include any additional sum over ana
.uhovc the price ~ ilin uchol paid uui by
him. aud You mas also. on nn olpmeut N
nnd mental anguish nud sense N shame. II
any. suffered aud endured ny Alfr. Martina
by reason ~ the treatment ~ defendants
ngent aud c0nduciOra, returning your ycr'
dict Tor such spu as ia your Judgment %
just ana proper
Appellants requested au instruction 20
consider any mental anguish suffered ly
the planun The cqumimlun OF nppcnlH
held the law 90 be- that appellee was not
entitled % recover dnmage iof hla own
tho chDrgt ~ tie court quoted above so,
Guided snch damages. Afief cafofui eK
animation 0f thp record We ore 0f opiniun
That DE jury might noi hfo 81 under
damage There Yves evidence finf fuoh
damage hnd been sustained The courts
damhge WOdld include any additional sum
oyer aud above fhc price hr lad paid flr
fhe ticket, aud ihat theY miFi also allow
hiui ne dnWdre sustained by 900 WIFE,
We believe appellants special exception
Should haFn been sustained ani thnt lhc
Fnecim chnrro requested hf N should have
been given nnd We 10 nui iunk That ihe
record presents q case Which WllI enable
ua ~ fay thaf these errors dI1 nOi 0pHf
ate 30 li6 UrfiHdlce. and we Hrp There f0f ~
opinion ilqt she Judgment n t'ie court be.
low should be reversed AMI fnn flfiaf re-
minded ff "a HaN trial We adhere 10
tht opinion ~ ne conMIsslOn " appeals
ui,0u DO otter questions di8rlTsoh fhefain.
HEAD. has0anfe Justice.
stephens Associate Justice. uQi sitting.