Brandon v. Gulf City Cotton Press & Manufacturing Co.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. James M. Brandon sued appellee for damage by rain-water to a lot of three hundred and twenty bales of cotton, charging that the same was stored with the defendant at Galveston as warehouseman, and damage occasioned by its negligence.
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Appeal from Galveston. Tried below before the Hon. William H. Stewart. James M. Brandon sued appellee for damage by rain-water to a lot of three hundred and twenty bales of cotton, charging that the same was stored with the defendant at Galveston as warehouseman, and damage occasioned by its negligence. The damage was alleged generally at $3,000; and specially, that in the month of January, 1875, plaintiff purchased the cotton, then stored with defendant, and in good order, for shipment to Hew York; that about a week after that it was shipped to Hew York by the steamship Clyde,' for sale on…
1Opinion of the Court
Bonner, Associate Justice.
The court in this case submitted to the jury the question of the liability of the defendant for damages to the cotton while in its possession and on the way to the steamer Clyde for shipment. The jury having found a general verdict for the defendant, and there being no alleged error in the proceedings up to this point, the presumption must be indulged, that at the time the cotton was thus placed upon the wharf, no such damage had accrued as would entitle the plaintiff to a judgment.
*127Plaintiff’s case seems to proceed upon the theory that he is entitled to recover for…
2Cases cited1 opinion
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
3Cited by35 opinions
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Gonzales v. City of GalvestonTexas Supreme Court · 1892
- Chicago, B. & Q. R. v. GelvinCourt of Appeals for the Eighth Circuit · 1916
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
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