Legal Opinion

Whitehurst v. Texas & P. Ry. Co.

Supreme Court of Louisiana

Decided June 13, 1912No. 18,796PublishedCited by 6 opinions

Appeal from First Judicial District Court, Parish of Caddo; E. W. Sutherlin, Judge. Action by Sawdea Whitehurst against the Texas & Pacific Railway Company. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtProyosty, J.

[1] Plaintiff sues for the value of 54 bales of cotton that were destroyed by fire while on the platform at Cecile station, one of the stations of the branch road of the defendant company, awaiting transportation to Shreveport. The station was not one at which there was an agent; but the custom, or usual course of business, was to put freight upon this platform for shipment, and give notice of its presence there to the agent at the neighboring station of Caspiana, some three miles off. Plaintiff had given this notice, and the agent had promised to take the proper measures in the premises.

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2Cases cited1 opinion

  1. V. & A. Meyer & Co. v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of Louisiana · 1889

3Cited by6 opinions

  1. W.H. C.B. Hodges v. Louisiana Ry. Nav. Co.Supreme Court of Louisiana · 1934
  2. Kendall v. Teche Lines, Inc.Louisiana Court of Appeal · 1940
  3. Sentell v. Texas & P. Ry. Co.Louisiana Court of Appeal · 1935
  4. Hardee-Glaspie Co. v. WallaceLouisiana Court of Appeal · 1926
  5. Scott v. SampleSupreme Court of Louisiana · 1920

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