Texas & P. Ry. Co. v. Bufkin

J. A. Bufkin recovered judgment in tlie trial court for $322.80 against the Texas & Pacific Railway Company, from which the latter has appealed. The recovery was treated by the parties as being one for damages for negligent delay in the transportation of live stock from Snyder to Fort Worth. The defendant pleaded but two affirmative defenses: One being a provision of the contract absolving it from the duty to transport the shipment “at any particular speed,” or “within any specified time,” or to “make delivery at destination at any particular hour,” or “in time for any particular market”; the…