St. Louis Southwestern Ry. of Texas v. Gilbreath
Court of Appeals of Texas
Error from District Court, Upshur County; R. W. Simpson, Judge. Action by L. M. Gilbreath against the 'St. Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant brings error. The defendant in error sued to recover the value of 12 bales of cotton alleged to have been misdelivered by the railway company on a shipment made to shipper’s order, and in a trial to the court without a jury judgment was given in his favor for the value of the cotton.
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Error from District Court, Upshur County; R. W. Simpson, Judge. Action by L. M. Gilbreath against the 'St. Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant brings error. The defendant in error sued to recover the value of 12 bales of cotton alleged to have been misdelivered by the railway company on a shipment made to shipper’s order, and in a trial to the court without a jury judgment was given in his favor for the value of the cotton. The defendant in error, on December 31, 1909, contracted to buy from W. E. Crosby at Gilmer 12 bales of cotton. It was his…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1, 2] By a proper assignment of error the point is made that the evidence in the present case shows that there was not a mis-delivery of the cotton by the railway company under its shipping contract, and fails to show any liability to defendant in error. It appears from the evidence that the cotton sued for was transported from Gilmer to Sulphur Springs and there demanded by and delivered to the agent of Jackson, Bell & Co. without the production of the bill of lading. The defendant in error claims that the railway company is liable to him for the value of…
2Cases cited5 opinions
- Nashville, Chattanooga & St. Louis Railway Co. v. Grayson County National BankTexas Supreme Court · 1906
- Gates v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1894
- Anchor Mill Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1897
- Chicago Packing & Provision Co. v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1897
- National Commercial Bank v. Lackawanna Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- King v. BarbarinCourt of Appeals for the Sixth Circuit · 1917
- Texas & Pac. Ry. Co. v. DuncanCourt of Appeals of Texas · 1945