R. Knight & Co. v. Southern Pacific Railroad
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. J. B. Williamson. Knight & Co., in 1870, brought two suits against the Southern Pacific Railroad Company in the District Court of Harrison county.
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Appeal from Harrison. Tried below before the Hon. J. B. Williamson. Knight & Co., in 1870, brought two suits against the Southern Pacific Railroad Company in the District Court of Harrison county. One was to recover of the company ten dollars upon each of about ninety separate shipments of freight for appellant by said company, and on their road from Shreveport, Louisiana, to Marshall, Texas, under the provisions of the 9th section of the act of February 9th, 1860, amending the general railroad law of the State, (Pas. Dig., art. 4929,) alleging an overcharge by said company upon each of the…
1Opinion of the Court
Moore, Associate Justice.
An inspection of the transcript of the record in this case constrains us to say *413that the practice indulged in on its trial in the District Court, if not absolutely improper and irregular, by no means commends itself to our favorable consideration, as calculated to secure a full and fair presentation and elucidation of either the questions of law or fact upon which it should be determined. For instance, the exceptions of the defendant, the appellee in this court, to the plaintiffs’ petition were neither abandoned nor acted upon by the court before the issues of fact…
2Cited by10 opinions
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- Heflin v. BurnsTexas Supreme Court · 1888
- Wichita Valley Ry. Co. v. Southern Casualty Co.Court of Appeals of Texas · 1925
- Quanah, A. & P. RY. Co. v. CollierTexas Commission of Appeals · 1919
- Kincannon & Gaines v. Independent Cotton Oil Co.Court of Appeals of Texas · 1917
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