Legal Opinion

Texas Midland R. Co. v. Cummer Mfg. Co.

Court of Appeals of Texas

Decided November 20, 1918No. 1996PublishedCited by 10 opinions

Appeal from Lamar County Court; Tom L. Beauchamp, Judge. Action by the Cummer Manufacturing Company against the Texas Midland Railroad Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

The appellee is a private corporation, with its place of business at Paris, Tex. The Judgment recovered in this case against the appellant is based upon a claim that appellant's agent negligently failed to properly divert a carload of crates which had originally been billed for shipment to Ida Muller at Laredo, Tex.

The facts show that J. W. Warren was the president and manager of the appellee's business at Paris; that he was represented by a sales agent, J. A. McGill, at Laredo, Tex. On the 17th of February, 1913, the appellee delivered a carload of crates to the appellant, consigned to Mrs.…

2Cases cited5 opinions

  1. Henry v. PhillipsTexas Supreme Court · 1912
  2. Nashville, Chattanooga & St. Louis Railway Co. v. Grayson County National BankTexas Supreme Court · 1906
  3. Pollock v. Carolina Interstate B. & L. Ass'nSupreme Court of South Carolina · 1898
  4. Patton v. Texas & P. Ry. Co.Court of Appeals of Texas · 1911
  5. Kincheloe v. PriestSupreme Court of Missouri · 1886

3Cited by10 opinions

  1. Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
  2. Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
  3. Coulter v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1922
  4. Elick v. SchillerCourt of Appeals of Texas · 1950
  5. Bristow v. City Inv. Co.Court of Appeals of Texas · 1937

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