International & G. N. Ry. Co. v. Penney

Appellee sued appellant for damages resulting from the loss of a shipment of two car loads of freight, consisting of household goods, live stock, and chickens. The substance of appellant’s defense was that the property referred to was destroyed by what is sometimes denominated in the books an act of God, alleged in this case to have consisted of an extraordinary and unprecedented flood in the Brazos river, by which the property was destroyed; appellant alleging that the flood was of such magnitude that it could not reasonably have been anticipated and guarded against. There was a jury trial,…