St. Louis Southwestern Ry. Co. of Texas v. Burrus Mill & Elevator Co.
Court of Appeals of Texas
Appeal from Tarrant County Court; Chas. T. Prewett, Judge. Action by the Burrus Mill & Elevator Company against the St. Louis Southwestern Railway Company of Texas and another. From a judgment for plaintiff, defendant appeals. On December 16, 1910, the appellee shipped a car load of flour and shorts from Ft. Worth, under through bill of lading, to Fincher Bros., as consignees, at Waldo, Ark.
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Appeal from Tarrant County Court; Chas. T. Prewett, Judge. Action by the Burrus Mill & Elevator Company against the St. Louis Southwestern Railway Company of Texas and another. From a judgment for plaintiff, defendant appeals. On December 16, 1910, the appellee shipped a car load of flour and shorts from Ft. Worth, under through bill of lading, to Fincher Bros., as consignees, at Waldo, Ark. The goods were billed to Fincher Bros, on open account, as previously agreed upon, and ap-pellee prepaid all freight charges to and received the through bill of lading from the Ft. Worth & Denver City…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1, 2] The only serious error presented by the assignments is, we think, that of excessive verdict under the facts in the record.. The evidence showed admittedly that at the time the shipment was tendered to the consignees, and by them refused, there was not a total or substantial destruction, but only a partial injury, to part of the contents of the car. This fact being true, neither the consignees, as owners, nor the shipper, in virtue of the contract of shipment, was justified in abandoning the shipment and charging the carrier the full value. Railway…
2Cases cited3 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. Everett & LongCourt of Appeals of Texas · 1904
- Gulf, Colorado & Santa Fe Railway Co. v. H. B. Pitts & SonCourt of Appeals of Texas · 1904
- Missouri, Kansas & Texas Railway Co. v. MooreCourt of Appeals of Texas · 1907
3Cited by5 opinions
- Quanah, A. P. Ry. Co. v. NovitCourt of Appeals of Texas · 1917
- Whittington v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Southwest Nat. Bank of Dallas v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1929
- Patterson v. Quanah, A. & P. Ry. Co.Court of Appeals of Texas · 1917
- Houston & T. C. Ry. Co. v. IversenCourt of Appeals of Texas · 1917