Legal Opinion · Dissent

Chicago, R. I. & G. Ry. Co. v. Dalton

Court of Appeals of Texas

Decided April 24, 1915No. 763Published

Appeal from Sherman County Court; J. W. Elliott, Judge. Action by A. M. Dalton against the Chicago, Rock Island & Gulf Railway Company and another. Judgment for plaintiff, and defendants appeal.

1Dissent

In accordance with the live stock contract, pleaded by the carriers, and in evidence here, as set out in the majority opinion, the stipulation is based upon a freight rate, "less than the rate charged for shipments transported at carrier's risk," etc.

It is now a familiar subject, definitely adjudicated by the Supreme Court of the United States, that Congress has taken possession of the subject of liability of railway carriers, on account of interstate shipments, and the Interstate Law, particularly including the Carmack Amendment, and the rules of decisions prevailing in the federal courts,…

2Cases cited41 opinions

  1. Adams Express Company v. CroningerSupreme Court of the United States · 1912
  2. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  3. Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
  4. The Paquete HabanaSupreme Court of the United States · 1899
  5. Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913

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