Gulf, Colorado & Santa Fe Railway Co. v. Dwyer

GAINES, Associate Justice.

— This is the third appeal in this case. The first is reported in 69 Texas, 707; and the second in 75 Texas, 572. The nature of the suit is shown in the former opinions as reported in the volumes cited.

The assignments of error upon this appeal are numerous, but we do not consider it necessary to consider them in detail. Upon the second appeal we held that the act under which the penalty is attempted to be recovered in this case “only applies when the railway company that is sought to be charged in damages has either itself executed the bill of lading or has…