America v. Brooks

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

This suit involves the construction of Section 13, of Article 911b, Vernon’s Texas Statutes, 1936, in an action by the owner of household goods that were destroyed by fire in the course of transportation by motor carrier, L. P. Kuykendall, doing business under the name of Ever Ready Transfer & Storage Company. Both the carrier and insurer were joined as defendants. Trial before the court without a jury resulted in a judgment against both defendants. The Court of Civil Appeals affirmed the judgment. 79 S. W. (2d)…