G., H. & H. R'y Co. v. Allison
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellee shipped by appellant’s road five cars of melons, from the city of Galveston, in Texas, to Chicago, Illinois. Somewhere on the route to Chicago, the cars were broken open, appellee’s locks were taken off, the melons transferred into common box cars, and many were wasted and destroyed. They reached Chicago in a damaged condition.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellee shipped by appellant’s road five cars of melons, from the city of Galveston, in Texas, to Chicago, Illinois. Somewhere on the route to Chicago, the cars were broken open, appellee’s locks were taken off, the melons transferred into common box cars, and many were wasted and destroyed. They reached Chicago in a damaged condition. Appellee brought suit in the district court of Galveston county for the difference between the market price of good melons at the time the melons reached Chicago, and the price received.…
1Opinion of the Court
Willie, Chief Justice.—
On a former day of this term we adopted the opinion of the Commissioners of Appeals reversing the judgment of the court below and remanding this cause for a new trial. Since then a motion for rehearing has been filed, which we are asked to grant for the reason that the opinion rendered in it was based upon a misconstruction of the pleadings of the plaintiff below. It was said in the opinion of the commissioners that there was no sufficient allegation in the petition that appellant contracted with Allison that the melons, loaded by him at Galveston upon appellant’s cars,…
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- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
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- Adams Express Co. v. FendrickIndiana Supreme Court · 1871
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- McKahan v. American Express Co.Massachusetts Supreme Judicial Court · 1911
- McCarn v. International & Great Northern Railway Co.Texas Supreme Court · 1892
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