Buffalo B. S. C. Co. v. Milby & Dow
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Appellees, as coal merchants, shipped a cargo of coal by the schooner Hunter, from Baltimore to Harrisburg on Buffalo Bayou, and in order to get to the latter place they were accustomed to bring their vessels up that bayou, and through the cut or canal across Morgan’s Point.
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Appeal from Harris. Tried below before the Hon. James Masterson. Appellees, as coal merchants, shipped a cargo of coal by the schooner Hunter, from Baltimore to Harrisburg on Buffalo Bayou, and in order to get to the latter place they were accustomed to bring their vessels up that bayou, and through the cut or canal across Morgan’s Point. The petition charged that about the 27th of February, 1883, they attempted to bring said schooner and other vessels loaded with coal through the canal, and were illegally prevented by the appellant from doing so, and that they were thereby damaged §312 in…
1Opinion of the Court
Walker, P. J. Com. App.
The first ground assigned as error is that the court erred in charging the jury that the defendant had no right to prevent a vessel, chartered or hired by plaintiffs to transport their coal, from passing through said cut, in order to enforce the collection of a debt due by said vessel or the owner thereof, when no part of said indebtedness accrued after plaintiffs had so hired or chartered said vessel.
The evidence shows that the tolls which were in arrear, owing by Dullahan, amounting to nearly $100, as shown by an itemized account for toll fees running from March 30,…
2Cases cited6 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Texas & St. Louis R. R. Co. v. YoungTexas Supreme Court · 1883
- Calvit v. McFaddenTexas Supreme Court · 1855
- Houston & Texas Central Railroad v. NixonTexas Supreme Court · 1879
- Gordon v. JonesTexas Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. West v. Florida Coast Line Canal & Transportation Co.Supreme Court of Florida · 1917
- Chicago, R. I. & G. Ry. Co. v. WordCourt of Appeals of Texas · 1913
- Ft. Worth & D. C. Ry. Co. v. JordanCourt of Appeals of Texas · 1913
- Chicago, R. I. & G. Ry. Co. v. WordTexas Commission of Appeals · 1919
- Hamburg-Bremen Fire Insurance v. BaileyCourt of Appeals of Texas · 1903