Houston & Texas Central Railway Co. v. Harn
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Harn sued appellant as a common carrier, to recover the value of a buggy, harness, and cushions, delivered at Groesbeck, to be carried and delivered at Havasota, on the line of appellant’s road. The petition declares on the contract as evidenced by the bill of lading, and avers non-delivery and loss of the property by the negligence of appellant.
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Appeal from Harris. Tried below before the Hon. James Masterson. Harn sued appellant as a common carrier, to recover the value of a buggy, harness, and cushions, delivered at Groesbeck, to be carried and delivered at Havasota, on the line of appellant’s road. The petition declares on the contract as evidenced by the bill of lading, and avers non-delivery and loss of the property by the negligence of appellant. Defendant pleaded general denial and loss of the property by the act of God, and without fault of appellant. On the trial it was shown that the buggy was shipped as alleged ; was placed…
1Opinion of the Court
Moore, Associate Justice.
The court did not err in excluding the testimony offered by appellant to show the amount of damage which was done the buggy, and to excuse the failure to transport it to the place of its delivery. It is no doubt in general true, as urged by counsel for appellant, that where goods are merely damaged by casualty, for which the carrier is responsible, the owner cannot abandon them and go against the carrier as for a total loss, but is bound to receive the goods when tendered, and is only entitled to compensation to the extent of the injury done them. (2 Red. on R. W.,…
2Cases cited1 opinion
- Michigan Southern & Northern Indiana Railroad v. BivensIndiana Supreme Court · 1859
3Cited by3 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. GodairCourt of Appeals of Texas · 1893
- Tex. & Pac. R'y Co. v. MartinCourt of Appeals of Texas · 1884
- G., C. & S. F. R'y Co. v. ClarkCourt of Appeals of Texas · 1885