Gulf, C. & S. F. Ry. Co. v. Downs

BOND, Justice.

Appellee, R. C. Downs, hereinafter called plaintiff, instituted this suit against appellant, Gulf, Colorado & Sante Fé Railway Company, hereinafter called defendant, to recover the value of cotton shipped but not delivered, alleging and proving delivery to the carrier in apparent good condition, and failure of the carrier to deliver at destination. Defendant’s answer negatives all grounds of negligence, and that a fire-packed bale of cotton caused the damage at destination.

The case was tried to a jury, and, in response to special issues, it found that the shipment contained no…