Texas & P. Ry. Co. v. Woldert Grocery Co.
Court of Appeals of Texas
Appeal from Smith County Court; Jesse F. Odom, Judge. Action by the Woldert Grocery Company against the Texas &i Pacific Railway Company. Prom judgment for plaintiff, defendant appeals. The appellee company was the shipper of a carload of second-grade peaches from 'Clyde, Tex., consigned to Geo. H. Hitz & Co., Indianapolis, Ind.
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Appeal from Smith County Court; Jesse F. Odom, Judge. Action by the Woldert Grocery Company against the Texas &i Pacific Railway Company. Prom judgment for plaintiff, defendant appeals. The appellee company was the shipper of a carload of second-grade peaches from 'Clyde, Tex., consigned to Geo. H. Hitz & Co., Indianapolis, Ind. The appellant company issued a bill of lading reciting that it— “received from the Woldert Grocery Company 414 bushel baskets of Elberta peaches consigned to Geo. Hitz & Co., Indianapolis, Indiana, to be routed over the St. Louis, Iron Mountain & Southern Railway and…
1Opinion of the CourtLevy, J.
(after stating the facts as above). Appellant insists that the court erred in peremptorily instructing a verdict for the plaintiff for the sum sued for, because (1) in the circumstances of this case any inference of negligence proximately causing damages to the peaches was within the province of the jury, and (2) the amount directed to be found included items not authorized to be recovered in this case. The undertaking of the railway company was only, it appears, to transport the peaches with reasonable dispatch in a car to be iced to full capacity showing a refrigeration of 20,000 pounds.…
2Cases cited3 opinions
- Texas & Pacific Railway Co. v. Richmond & TifanyTexas Supreme Court · 1901
- Pecos & N. T. Ry. Co. v. MeyerCourt of Appeals of Texas · 1913
- Missouri, Kansas & Texas Railway Co. v. F. Mazzie & Co.Court of Appeals of Texas · 1902
3Cited by2 opinions
- Texas & Pacific Railway Co. v. Empacadora De Ciudad Juarez, S. A.Court of Appeals of Texas · 1957
- Texas & Pacific Railway Co. v. Empacadora De Ciudad Juarez, S. A.Court of Appeals of Texas · 1957