Hunter v. Southern Pacific Railway Co.
Texas Supreme Court
Appeal from De Witt. Tried below before Hon» H. Olay Pleasants. This is an appeal from a judgment against the plaintiff Hunter, who sued appellee for damages for not delivering beeves shipped for plaintiff at Cuero, Texas, to Chicago, Illinois. Damages claimed, $2170. The petition alleged a contract by the railway to deliver the beeves in Chicago.
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Appeal from De Witt. Tried below before Hon» H. Olay Pleasants. This is an appeal from a judgment against the plaintiff Hunter, who sued appellee for damages for not delivering beeves shipped for plaintiff at Cuero, Texas, to Chicago, Illinois. Damages claimed, $2170. The petition alleged a contract by the railway to deliver the beeves in Chicago. The railway company, among other defenses, pleaded that it transported the cattle safely from Cuero to New Orleans, Louisiana, which was the extent of its line, and that with care and dispatch it delivered the cattle shipped, without any loss or…
1Opinion of the Court
HOBBY, Judge.
There is no error, we think, in the judgment rendered in the court below.
The allegations of the petition showed that the plaintiff’s cause of action grew out of a contract, by the terms of which the appellee undertook and contracted to deliver the stock at the city of Chicago, Illinois, to the *197consignees named; but the proof in support of this was a live stock shipping contract in writing, introduced by plaintiff, which contained the stipulation releasing defendant from liability beyond the termination of its own line of road, and which the testimony showed was New Orleans,…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. BairdCourt of Appeals of Texas · 1889
- Falvey v. Georgia RailroadSupreme Court of Georgia · 1886
- Ala. Gt. So. Railroad v. Mt. Vernon Co.Supreme Court of Alabama · 1887
- Ortt v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
3Cited by19 opinions
- Post v. RailroadTennessee Supreme Court · 1899
- McCarn v. International & Great Northern Railway Co.Texas Supreme Court · 1892
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
- Gulf, C. & S. F. Ry. Co. v. NelsonCourt of Appeals of Texas · 1911
- Panhandle & S. F. Ry. Co. v. BellCourt of Appeals of Texas · 1916
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