Legal Opinion · Dissent

Payne v. Bassett

Court of Appeals of Texas

Decided November 23, 1921No. 1249Published

Harper, O. J., dissenting. Appeal from District Court, El Paso County; P. R. Price, Judge. Action by J. M. Bassett against John Barton Payne, Director General of Railroads, as Federal Agent, and another. From a¡ judgment for plaintiff, defendants appeal.

1Dissent

HARPER C. J.

(dissenting). Under the holdings in the opinion cited in the concurring opinion and the following cases on liability for loss of baggage, where the articles contained in a trunk or other container are not all personal effects, with notice to the company through its agent of the class of goods in fact in them: Railway Co. v. Miller, 103 Ark. 37, 145 S. W. 889, 39 L. R. A. (N. S.) 634; 2 A. L. R. 110: In re T. H. Bunch Co. (D. C.) 180 Fed. 529—1 am of the opinion that the judgment of the trial court should be affirmed.

2Cases cited1 opinion

  1. St. Louis, Iron Mountain & Southern Railway Co. v. MillerSupreme Court of Arkansas · 1912