International & Great Northern Railway Co. v. Garrett & Spiller

FISHER, Chief Justice.

This is a suit by the appellees against the appellant, for damages resulting from injury to two carloads of horses shipped over appellant’s road from Kyle, in Hays County, Texas, to Helena and Forest City, Arkansas. The injury occurred on appellant’s road. Verdict and judgment below resulted in favor of appellees.

The petition of appellees declares upon the contract of shipment, which contains, with other provisions, the following:

1 ‘ That for the considerations aforesaid, said second party further expressly agrees, that as a condition precedent to his right to any…