Legal Opinion

Texas & P. Ry. Co. v. Cauble

Court of Appeals of Texas

Decided May 23, 1914No. 7968PublishedCited by 5 opinions

Appeal from Shackelford County Court; J. A. King, Judge. Action by C. M. Cauble and another against the Texas & Pacific Railway Company and another. From a judgment against it in favor of plaintiffs and the other defendant, the defendant named appeals.

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Appeal from Shackelford County Court; J. A. King, Judge. Action by C. M. Cauble and another against the Texas & Pacific Railway Company and another. From a judgment against it in favor of plaintiffs and the other defendant, the defendant named appeals. The defendant Morris testified that the conductor said he sent a message to the dispatcher, asking permission to make his train a through freight, so that he could reach the morning market with the cattle, and that the .dispatcher replied that he must go ahead and do his work along the route as originally directed.

1Opinion of the Court

SPEER, J. C. M. and W. H.

Cauble instituted this suit in the county court of Shackelford county against the Texas Central Railroad Company and the Texas & Pacific Railway Company to recover damages for the alleged failure on the part of the railway companies to exercise ordinary care in the transportation of 139 head of cattle from Albany to Ft. Worth, resulting in the loss of the morning market of September 26, 1912. The defendants answered, the Texas Central Railroad Company sought judgment over against its codefendant, there was a trial before a jury, resulting in a verdict and judgment for…

2Cases cited5 opinions

  1. International & Great Northern Railroad v. StartzTexas Supreme Court · 1903
  2. Fort Worth & Rio Grande Railway Co. v. CaubleCourt of Appeals of Texas · 1906
  3. St. Louis, Iron Mountain & Southern Railway Co. v. CarlisleCourt of Appeals of Texas · 1904
  4. Texas & P. Ry. Co. v. GoodCourt of Appeals of Texas · 1912
  5. St. Louis S. F. R. Co. v. DeanCourt of Appeals of Texas · 1912

3Cited by5 opinions

  1. Texas Coca-Cola Bottling Co. v. LovejoyCourt of Appeals of Texas · 1940
  2. Indian Territory Illuminating Oil Co. v. RainwaterCourt of Appeals of Texas · 1940
  3. Panhandle & S. F. Ry. Co. v. MillerCourt of Appeals of Texas · 1933
  4. Hovey v. ArledgeCourt of Appeals of Texas · 1915
  5. Texas & P. Ry. Co. v. MercerCourt of Appeals of Texas · 1917

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