Legal Opinion

Texas & Pacific Railway Co. v. Taylor

Court of Appeals of Texas

Decided March 13, 1909PublishedCited by 10 opinions

Appeal from the District Court of Mitchell County. Tried below before Hon. Jas. L. Shepherd.

1Opinion of the Court

SPEER, Associate Justice.

—Appellee recovered judgment against appellant for a penalty of nineteen hundred and seventy-five dollars for its failure to furnish cars upon his written order under articles 4497 to 4502 of the Revised Statutes.

The first assignment of error, under which practically all the questions in the case may properly be discussed, complains of the court’s refusal to direct a verdict for the defendant. So much of the statutes as are necessary to be set out in this case are as follows:

“Article 4497: When the owner, manager or shipper of any-freight of any kind shall make…

2Cases cited3 opinions

  1. McCormick v. KampmannTexas Supreme Court · 1908
  2. Gulf, Colorado & Santa Fe Railway Co. v. StateTexas Supreme Court · 1904
  3. Allen v. Texas & Pacific Railway Co.Texas Supreme Court · 1907

3Cited by10 opinions

  1. Austin v. CollinsCourt of Appeals of Texas · 1947
  2. Dr. Pepper Bottling Co. v. Rain-BoldtCourt of Appeals of Texas · 1933
  3. Interstate Forwarding Co. v. VineyardCourt of Appeals of Texas · 1928
  4. Burton v. FerrillCourt of Appeals of Texas · 1975
  5. Smith v. MilamCourt of Appeals of Texas · 1911

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