Farmers Gin Co. v. Texas Electric Ry. Co.

HALE, Justice.

Appellant, Farmers Gin Company, sued appellee, Texas Electric Railway Company, for damages on account of the partial destruction by fire of 23 bales of cotton while stored on the platform of appellee at West, Texas. The asserted liability was predicated upon the pleaded theory that there had been a constructive delivery of the cotton which gave rise to an implied contract of bailment, whereby appellee became charged with the responsibility of exercising ordinary care to protect the stored cotton from loss by fire; that appellee had failed in certain particulars to discharge the…