Legal Opinion · Dissent

El Paso Ice & Refrigerator Co. v. Consumers' Ice & Cold Storage Co.

Court of Appeals of Texas

Decided November 16, 1911Published

Appeal from District Court, El Paso County ; A. M. Walthall, Judge. Suit by the Consumers’ Ice & Cold Storage Company against tbe El Paso Ice & Refrigerator Company. From a judgment for plaintiff, defendant appeals.

1Dissent

I do not agree with my associates in the affirmance of this case. The trial court, among other findings of fact, found as follows:

"Third. That plaintiff and defendant are corporations incorporated under the laws of the state of Texas.
"Fourth. That plaintiff and defendant entered into the two contracts of date March 5, 1904, attached to defendant's pleadings.
"Fifth. That prior to entering into said two contracts plaintiff and defendant for several years had followed a practice under which plaintiff iced all cars going out over the Texas Pacific Railway, the tracks of said railway being near…

2Cases cited10 opinions

  1. East Line & Red River Railroad v. GarrettTexas Supreme Court · 1879
  2. Self v. KingTexas Supreme Court · 1866
  3. Belcher v. Mulhall & ScalingTexas Supreme Court · 1882
  4. G., C. & S. F. R'y Co. v. GreenleeTexas Supreme Court · 1884
  5. Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1898

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