Missouri Pacific Railway Co. v. International Marine Insurance
Texas Supreme Court
Appeal from Dallas. Tried below before Hon. Chas. Fred. Tucker. Appellee, plaintiff below, instituted this suit against appellant, defendant below, upon a bill of lading, on July 30, 1888, in the District Court of Dallas County, Texas, for $2000, with 8 per cent interest thereon, the alleged value of forty bales of cotton lost or destroyed in transit on November 14, 1887. Plaintiff alleges in its petition, substantially, that on November 4, 1887, .Lucas E. Moore & Co.,…
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Appeal from Dallas. Tried below before Hon. Chas. Fred. Tucker. Appellee, plaintiff below, instituted this suit against appellant, defendant below, upon a bill of lading, on July 30, 1888, in the District Court of Dallas County, Texas, for $2000, with 8 per cent interest thereon, the alleged value of forty bales of cotton lost or destroyed in transit on November 14, 1887. Plaintiff alleges in its petition, substantially, that on November 4, 1887, .Lucas E. Moore & Co., through their agent J. P. Bussell, of Boyse, Texas, having purchased on account of plaintiff 500 bales of cotton, delivered…
1Opinion of the Court
TARLTON, Judge,
Section B. — Appellant first suggests, that the court errecl in sustaining plaintiff’s exception to defendant’s answer alleging the contract of shipment, by the terms of which the defendant was exempted from liability for loss or damage to plaintiff’s cotton by fire. The court below, in sustaining the exception, held that the contract of exemption was void, as in violation of article 278 of the Revised Civil Statutes, forbidding the limitation by carriers of their liability at common law. We have held in the case of the Missouri Pacific Railway Company v. Sherwood, Thompson &…
2Cases cited3 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Gulf, Colorado & Santa Fe Railway Co. v. J. Zimmerman & Co.Texas Supreme Court · 1891
- British & Foreign Marine Insurance v. Gulf, C. & S. F. R'y Co.Texas Supreme Court · 1885
3Cited by6 opinions
- Home Insurance v. Northern Pacific Railway Co.Washington Supreme Court · 1943
- Birge-Forbes Co. v. St. Louis & San Francisco RailroadCourt of Appeals of Texas · 1908
- Ætna Life Ins. Co. v. Otis Elevator Co.Court of Appeals of Texas · 1918
- Hartford Fire Insurance v. PayneSupreme Court of Iowa · 1923
- Adams v. Hartford Fire InsuranceSupreme Court of Iowa · 1922
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