Legal Opinion
Modern Wholesale Florist v. Braniff International Airways, Inc.
Texas Supreme Court
Decided October 3, 1961No. A-8252PublishedCited by 1 opinion
1Opinion of the CourtJustice Norvell
As stated by respondent “the actual question to be determined by this Court is whether airlines are subject to the common law presumption that damage to goods while in transit is presumed to have been caused by the terminal carrier.”
The existence of such common law presumption generally applicable to common carriers is not disputed. In Texas & Pacific Railway Co. v. Adams, 78 Tex. 372, 14 S.W. 666, this Court said:
“When it is made to appear that freight transported by successive carriers has been damaged subsequent to its shipment, and the evidence fails to show on what particular line the…
2Cases cited15 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Chicago & Northwestern Railway Co. v. C. C. Whitnack Produce Co.Supreme Court of the United States · 1922
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Mitchell v. . R. R.Supreme Court of North Carolina · 1899
- MacK v. Eastern Air Lines, Inc.District Court, D. Massachusetts · 1949
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Braniff Airways, Inc. v. EL PASO COIN CO., INC.Court of Appeals of Texas · 1974