Baker v. Memphis, D. & G. Ry. Co.
Court of Appeals of Texas
Appeal from District Court, Cass County;’ H. E. O’Neal, Judge. Suit by the Memphis, Dallas & Gulf Railway Company against J. S. Baker.
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Appeal from District Court, Cass County;’ H. E. O’Neal, Judge. Suit by the Memphis, Dallas & Gulf Railway Company against J. S. Baker. Claiming that certain cattle delivered by him to appellee, the Memphis, Dallas & Gulf Railway Company, at a point in Arkansas, to be transported by it over its owm and connecting lines of railway to a point in Texas, were injured en route, appellant sued said appellee in a justice court in Cass county and recovered judgment by default against it for $130.31 and costs. Having afterwards had a writ of garnishment issued on that judgment, appellant had same…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] It appeared without dispute that the cattle were received by appellee, the Memphis, Dallas & Gulf Railway Company, at a point on its line of railway in the state of Arkansas, for transportation over its own and connecting lines of railway to a point in the state of Texas. It must be said that it therefore appeared prima facie that said appellee, as the initial carrier, was liable to appellant, by force of the federal statute (article ,8604a, U. S. Comp. Stat. 1916), for any injury, to said cattle caused either by it or by any other common carrier over…
2Cases cited3 opinions
- San Bernardo Townsite Co. v. HockerCourt of Appeals of Texas · 1915
- Texas Cent. R. Co. v. HoffmanCourt of Appeals of Texas · 1916
- Union Pac. Ry. Co. v. MillerCourt of Appeals of Texas · 1917
3Cited by3 opinions
- Lewright v. ReeseCourt of Appeals of Texas · 1920
- City of Groveton v. PruittCourt of Appeals of Texas · 1932
- Lewright v. ReeseCourt of Appeals of Texas · 1920