H. & T. C. R'y Co. v. Poole
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. B. W. Rimes. Appellee brought this suit against the appellants January 5,1875. This was the second appeal, and for statement see Poole v. H. & T. C. R’y Co., 58 Tex., 134. The suit was to recover the value of the goods, and interest, alleged to have been shipped by Poole from Galveston to La Prelle, at. Marlin, in Falls county.
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Appeal from Falls. Tried below before the Hon. B. W. Rimes. Appellee brought this suit against the appellants January 5,1875. This was the second appeal, and for statement see Poole v. H. & T. C. R’y Co., 58 Tex., 134. The suit was to recover the value of the goods, and interest, alleged to have been shipped by Poole from Galveston to La Prelle, at. Marlin, in Falls county. The plaintiff alleged that La Prelle “ had become insolvent,” and that before the goods reached Marlin he notified the railroad agent at Marlin to hold the goods for plaintiff; that afterwards, on or about the 30th of…
1Opinion of the Court
Watts, J. Com. App.
When this case was before the court on the former appeal, after full investigation and mature consideration it was distinctly held that notice to the station agent at Marlin, the point to which the merchandise was consigned, of the stoppage in transitu, was notice to the railroad company (58 Tex., 138). No good reason has been perceived to doubt the correctness of that conclusion, and it will no longer be considered an open question.
Hnder the facts and circumstances of the case, the testimony of Aycock, as to the statements made by the defendant J. L. Scott, on the former…
2Cases cited1 opinion
- Poole v. H. & T. C. R'y Co.Texas Supreme Court · 1882
3Cited by7 opinions
- Bradley v. Texas & P. Ry. Co.Texas Commission of Appeals · 1928
- Texas Employers' Ins. Ass'n v. DowningCourt of Appeals of Texas · 1919
- Joy v. JoyCourt of Appeals of Texas · 1941
- Steger v. GreerCourt of Appeals of Texas · 1921
- Hartt v. Yturria Cattle Co.Court of Appeals of Texas · 1918
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