Gulf, Colorado & Santa Fe Railway Co. v. Dwyer
Court of Appeals of Texas
Appeal from Washington. Tried below before Hon. I. B. McFarland. This suit was instituted February 3, 1885. The petition alleges, in substance, that on November 12, 1884, Zug & Co., acting for the plaintiff, delivered two hundred and fifty kegs of nails at Pittsburg, Pennsylvania, to the Pittsburg, Cincinnati & St. Louis Railway Company, which company then operated a railway from the city of Pittsburg to the city of St. Louis, and which company on the same day executed and…
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Appeal from Washington. Tried below before Hon. I. B. McFarland. This suit was instituted February 3, 1885. The petition alleges, in substance, that on November 12, 1884, Zug & Co., acting for the plaintiff, delivered two hundred and fifty kegs of nails at Pittsburg, Pennsylvania, to the Pittsburg, Cincinnati & St. Louis Railway Company, which company then operated a railway from the city of Pittsburg to the city of St. Louis, and which company on the same day executed and delivered to Zug & Co. their certain bill of lading, and thereby agreed and undertook to transport and deliver the nails…
1Opinion of the Court
GAINES, Associate Justice.
This case was before this court at a former term, and was reversed and remanded for a new trial in accordance with an opinion which is reported in 69 Texas, 707. The question then presented is not now involved. The action was brought by appellee against appellant to recover the penalty prescribed by the Act of May 6, 1882, for the failure of the company to deliver to him certain merchandise transported by it upon his tender of the charges for carriage specified in the bill of lading. The defendant interposed an exception to the petition and now insists that the court…
2Cases cited15 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Smith v. AlabamaSupreme Court of the United States · 1888
- Gloucester Ferry Co. v. PennsylvaniaSupreme Court of the United States · 1885
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- Missouri, Kansas & Texas Railway Co. v. SimonsonSupreme Court of Kansas · 1902
- Gulf, Colorado & Santa Fe Railway Co. v. DwyerTexas Supreme Court · 1892
- Harrill Bros. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Galveston, Harrisburg & San Antonio Railway Co. v. FalesCourt of Appeals of Texas · 1903
21 more not listed; retrieve them via the Exa API.