Legal Opinion

Panhandle & S. F. Ry. Co. v. Talmage

Court of Appeals of Texas

Decided November 27, 1918No. 1415PublishedCited by 2 opinions

Appeal from Deaf Smith. County Court; Jas. A. Hughes, Judge. Action by Frank Talmage, Jr., against the Panhandle & Santa Fé Railway Company and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtHuff, C. J.

This action was brought by Talmage against the appellant Panhandle & Santa Fé Railway Company and other roads, as connecting carriers, for the value of a carload of hay, and for the statutory penalty of 5 per cent, per month of the value for detention of the hay. The jury found that the value of the hay on the 29th of June, 1914, was $164.64, and answered the following special issue: “Did the defendant willfully refuse to deliver said hay after its arrival at destination?” in the affirmative. We take this statement of the facts from appel-lee’s brief:

“On June 22, 1914, Frank Talmage, Jr., the…

2Cases cited11 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. TexasSupreme Court of the United States · 1907
  2. Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
  3. Crawford v. ThomasonCourt of Appeals of Texas · 1909
  4. Davies v. Texas Central R. R. Co.Court of Appeals of Texas · 1910
  5. Ripy v. LessCourt of Appeals of Texas · 1909

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3Cited by2 opinions

  1. Myatt v. ElliottCourt of Appeals of Texas · 1940
  2. St. Louis Southwestern Ry. Co. of Texas v. KessingerCourt of Appeals of Texas · 1934

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