Legal Opinion

Panhandle & S. F. Ry. Co. v. Wilson

Court of Appeals of Texas

Decided December 4, 1939No. 5087Published

1Opinion

On Motion for Rehearing.

In deference to the earnest and able argument presented by defendant in error in his motion for a rehearing, we deem it appropriate to say that our holding in the original opinion does not have the effect of changing, nor does it in any manner conflict with the doctrine so often expressed by the courts of this and many other jurisdictions to the effect that, under the common law, which by statute is the rule of decision in this state, a common carrier must rebut the implication of negligence created by proof of delivery to it of livestock in good condition and…

2Cases cited12 opinions

  1. W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
  2. Gulf, C. & S. F. Ry. Co. v. DownsCourt of Appeals of Texas · 1934
  3. Panhandle & S. F. Ry. Co. v. AndrewsCourt of Appeals of Texas · 1925
  4. Wabash Railroad Co. v. JohnsonAppellate Court of Illinois · 1904
  5. Davis v. Sullivan OpryTexas Commission of Appeals · 1924

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