Hamilton v. Herrin Transportation Company

WILSON, Justice.

Appellant entered into a commission agency contract with appellee under which appellant was to pick up freight tendered to appellee in Waco for transportation, and issue bills of lading in the latter’s name. The contract contained a provision by which appellant indemnified appellee against loss “on account of destruction or damage to freight caused by, or resulting from any act or omissions, negligent or otherwise,” of appellant.

Under this contract appellant loaded a shipment of merchandise on appellee’s trailer in Waco, destined for Georgia. Ap-pellee transported it to…