Texas & Pac. Ry. Co. v. Eldridge Carter & Son
Court of Appeals of Texas
Appeal from District Court, Lamár County; A. P. Dohoney, Jr., Judge. Suit by Eldridge Carter & Son against the Texas & Pacific Railway Company. From judgment for plaintiffs, defendant appeals.
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Appeal from District Court, Lamár County; A. P. Dohoney, Jr., Judge. Suit by Eldridge Carter & Son against the Texas & Pacific Railway Company. From judgment for plaintiffs, defendant appeals. In their petition appellees (plaintiffs below) alleged that on December 22, 1915, 625 tons of hay belonging to them, of the value of¡ $8.50 per ton,' were destroyed by fire, which appellant negligently permitted to escape from one of its locomotive engines, “to the damage,” quoting, “of the plaintiffs in the total sum of '$5,312.50, together1 with interest from the said 22d day of December, 1915, at 6…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). It is insisted that the testimony did not warrant the finding that there was as much as 625 tons of hay destroyed, nor the finding that the hay destroyed was worth as much as $8.50 per ton. Having read and considered all the testimony in the record, we overrule the contention. There was testimony which, if believed by the court, as evidently it was, authorized each of the findings.
And we think the contention made that the pleadings did not warrant the judgment in appellees’ favor, so far as it was for interest on the value of the hay, also should be…
2Cases cited12 opinions
- Pecos & Northern Texas Railway Co. v. RayzorTexas Supreme Court · 1915
- Baker v. SmelserTexas Supreme Court · 1895
- Schulz v. Frank Tessman & Bro.Texas Supreme Court · 1899
- San Antonio & Aransas Pass Railway Co. v. AddisonTexas Supreme Court · 1902
- Gulf, West Texas & Pacific Railway Co. v. FrommeTexas Supreme Court · 1905
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3Cited by1 opinion
- Wichita Valley Ry. Co. v. MarshallCourt of Appeals of Texas · 1922