Wolfe's Administratrix v. Lacy, Colby & Co.
Texas Supreme Court
Appeal from Cherokee. The case was tried before Hon. Reuben A. Reeves, one of the district judges. Lacy, Colby & Co. sued Solomon Wolfe on a bill of lading, by which Wolfe undertook to deliver one hundred and sixty-one bales of cotton at Sabine Pass for shipment to blew Orleans. The issue was as to carelessness and want of diligence, or not. The proof of the damage was conclusive, the proof of the carelessness was satisfactory to the jury.
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Appeal from Cherokee. The case was tried before Hon. Reuben A. Reeves, one of the district judges. Lacy, Colby & Co. sued Solomon Wolfe on a bill of lading, by which Wolfe undertook to deliver one hundred and sixty-one bales of cotton at Sabine Pass for shipment to blew Orleans. The issue was as to carelessness and want of diligence, or not. The proof of the damage was conclusive, the proof of the carelessness was satisfactory to the jury. The owner sold the plank, which was used for covering the cotton, and thus exposed it to heavy rains. He refused to allow the steamboat Florida to tow his…
1Opinion of the CourtSmith, J.
The law regulating the duties and liabilities of common carriers in the event of loss, in cases like this, was correctly given by the court in his charge to the jury, *351as settled by this court in the case of Chevallier v. Patton, 10 Tex., 346; Whitesides v. Turkhill, 12 Miss., 599. Whether the defendant, by custom or contract, was to cover the boats, so that the cotton would be protected from rain, was correctly presented to the jury, and we see no reason for disturbing it for any error in the charge in this respect.
The defendant objects to the charge of the court and the verdict of the jury,…
2Cases cited3 opinions
- Fowler v. DavenportTexas Supreme Court · 1858
- Bennett v. DowlingTexas Supreme Court · 1859
- Holloway v. MooreMississippi Supreme Court · 1845
3Cited by5 opinions
- Watkins v. JunkerTexas Supreme Court · 1897
- Mallory S. S. Co. v. G. A. Bahn Diamond & Optical Co.Court of Appeals of Texas · 1912
- H. & T. C. R'y Co. v. R. C. Stewart & Co.Texas Commission of Appeals · 1881
- Tex. & Pac. R'y Co. v. MartinCourt of Appeals of Texas · 1884
- Mallory S. S. Co. v. G. A. Bahn Diamond & Optical Co.Court of Appeals of Texas · 1912