Galveston, H. & S. A. Ry. Co. v. Itule
Court of Appeals of Texas
Appeal from El Paso County Court; A. S. J. Eylar, Judge. Action by John Itule against the Galveston, Harrisburg & San Antonio Railway Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtHiggins, J.
Appellee brought this suit to recover damages to a car load of bananas shipped from El Paso to Nogales, Ariz., over the railway line of appellant and connecting line of the.Southern Pacific Company, which damage is alleged to have resulted from negligent delay in transportation occurring upon the connecting line.
It is assigned as error that a peremptory instruction should have been given in defendant’s favor because there was neither pleading nor proof that its negligence was the proximate cause of the injury to the shipment. The position taken is without merit.
[1 ] The notice in writing…
2Cases cited5 opinions
- Atchison, T. & S. F. Ry. Co. v. WordCourt of Appeals of Texas · 1913
- Pecos & N. T. Ry. Co. v. MeyerCourt of Appeals of Texas · 1913
- H. T. C. R. R. Co. v. AnglinCourt of Appeals of Texas · 1907
- Chicago, R. I. & G. Ry. Co. v. LingerCourt of Appeals of Texas · 1913
- Overton v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1913
3Cited by5 opinions
- Carleton-Ferguson Dry Goods Co. v. McFarlandCourt of Appeals of Texas · 1920
- Gulf, C. & S. F. Ry. Co. v. BogyCourt of Appeals of Texas · 1915
- Ostroff v. HustisSupreme Court of New Hampshire · 1921
- Carleton-Ferguson Dry Goods Co. v. McFarlandCourt of Appeals of Texas · 1920
- Gulf, C. & S. F. Ry. Co. v. BogyCourt of Appeals of Texas · 1915