American Ry. Exp. Co. v. Home Star Produce Co.

'CONNER, C. J.

This suit was instituted by the appellee, Home Star Produce Company, a partnership, against appellant, American Eailway Express Company, to recover damages in the amount of $525 for failure to deliver a number of shipments of produce to various points west of Fort Worth, Tex. Appellant denied liability, pleading that the failure to deliver was the proximate result of an unprecedented storm, amounting to an act of God, occurring along the lines of the Texas & Pacific Eailway Company west of Fort'Worth en route of shipment. It was alleged that, in consequence of said storm, the…