Fort Worth & Denver City Railway Co. v. Martin, Wise & Fitzhugh

TARLTON, Chief Justice.

Plaintiffs in error, the Denver, Texas & Fort Worth Railway Co. and the Fort Worth & Denver City Railway Co., prosecute this writ from a judgment in the sum of $1450, recovered by the defendants in error, Martin, Wise & Fitzhugh, as damages for the loss of certain cotton while in the custody of the companies.

On March 9, 1889, defendants’ agent at Rhome, Texas, made with the plaintiffs a verbal agreement for the shipment upon delivery, and the transportation from that point to Liverpool, England, of 52 bales of cotton. On the 11th, 12th and 13th of March the cotton was…