International & Great Northern Railway Co. v. Tisdale
Texas Supreme Court
Appeal from Williamson. Tried below before Hon. A. S. Walker. G. T. Tisdale, the appellee, sued the appellants upon a contract of carriage from Franklin, Kentucky, to Georgetown, Texas, to recover damages for failure to deliver a jack and for injuries sustained in transit by a stallion.
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Appeal from Williamson. Tried below before Hon. A. S. Walker. G. T. Tisdale, the appellee, sued the appellants upon a contract of carriage from Franklin, Kentucky, to Georgetown, Texas, to recover damages for failure to deliver a jack and for injuries sustained in transit by a stallion. Plaintiff also sought to recover the rental value of the jack and of the stallion, and the probable earnings of each as a foal getter during the breeding season of 1886. Suit was founded upon a special contract in writing, annexed to and made a part of plaintiff’s petition, which upon its face purported to be…
1Opinion of the Court
Hobby, Judge.
The several phases of the leading defenses upon which appellants rely, presented by the different assignments, are substantially that there was no proof except the contract under which the stock was shipped at Franklin, Kentucky, that the agent Jenkins, who executed it for the Louisville & Nashville Railroad, was the agent of defendants or had authority as their agent to execute the same.
That there was no proof of any arrangement in the nature of a partnership existing between said company and defendants, or that the defendants’ road connected with said Louisville & Nashville…
2Cases cited2 opinions
- Lindsay v. JaffrayTexas Supreme Court · 1881
- Bradford v. TaylorTexas Supreme Court · 1884
3Cited by44 opinions
- Thomason v. BerryTexas Commission of Appeals · 1925
- Austin Electric Railway Co. v. FaustCourt of Appeals of Texas · 1910
- Lang v. HarwoodCourt of Appeals of Texas · 1940
- Gulf, Colorado & Santa Fe Railway Co. v. EdloffTexas Supreme Court · 1896
- Godfrey v. Central State Bank of AbileneCourt of Appeals of Texas · 1928
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