San Antonio Traction Company v. Altgelt

Mr. Charles W. Ogden for plaintiff in error.

No counsel for defendant in error.

Statement by Mr. Justice Brown:

This was a petition by Altgelt, suing by his next friend, originally filed in the district court of Bexar county, for a peremptory mandamus against the traction company, a Texas corporation operating a street railway system, commanding it to issue to the plaintiff twenty half-fare street car tickets upon the payment of 50 cents, the same being at the rate of 2 1/2 cents per ticket.

Both parties relied upon the legal effect of certain legislation of the state of Texas hereafter set forth. The mandamus was granted by the district court, whose action was affirmed by the court of civil appeals. An application for a writ of error from the supreme court was denied.

Mr. Justice Brown delivered the opinion of the court: