Overton v. Chicago, R. I. & G. Ry. Co.

The appellant, S. A. Overton, was the plaintiff in the lower court and sued the appellees, the Chicago, Rock Island & Gulf Railway Company and the Chicago, Rock Island & Pacific Railway Company, in the county court of Tarrant county for damages alleged to have accrued on account of the negligence of the appellees in the shipment of a car of horses and mules from Wellington, Kan., to Ft Worth, Tex. The trial court peremptorily instructed the jury to find in favor of the railway companies. The contract of shipment contained the following stipulation: “Sixth. That, as a condition precedent to…