Texas & Pacific Railway Co. v. Berchfield

TARLTON, Chief Justice.

The appellee brought this suit against the appellant to recover damages to a shipment of 182 head of cattle from Monahans, Texas, to Paoli, in the Indian Territory. The transit over the line of the appellant was to Port Worth, Texas, and thence by a connecting carrier, the Gulf, Colorado & Santa Pe Railway Co., to the point of destination. From a verdict and judgment in the plaintiff’s behalf in the sum of $884.75, this appeal is prosecuted.

The cause of action as set out in the petition rests primarily upon the verbal contract of defendant made on or about May 1, 1892,…