Brass v. Texarkana & Ft. Smith Railway Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Hill County. Brass sued the Railway Co. and recovered judgment. On defendant ’s appeal this was reversed and rendered in his favor. 175 S. W., 778. The Supreme Court add a brief opinion in approving that of the Commission of Appeals, to whom the case had been referred, and adopting the disposition of the case there recommended. Both opinions are published.
1Opinion of the Court
The plaintiff Brass brought this action against the Texarkana Fort Smith Railway Company to recover the value of twenty-six bales of cotton, alleged to have been destroyed by fire while on the platform of a compress at Athens, Texas, where it had been placed for transportation to Bremen, Germany, and for which the defendant had, prior to the fire, issued an export or foreign bill of lading. The case was tried while the Verified Pleading Act, passed by the Thirty-third Legislature (Acts Regular Session, 256) was in force. The trial court instructed the jury to find for the plaintiff,…
2Cases cited6 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Missouri Pacific Railway Co. v. China Manufacturing Co.Texas Supreme Court · 1890
- Texas & Pacific Railway Co. v. Richmond & TifanyTexas Supreme Court · 1901
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3Cited by19 opinions
- O. B. Harper D-B-A Harper Electric Co. v. KillionTexas Supreme Court · 1961
- Texarkana & Ft. S. Ry. Co. v. BrassTexas Commission of Appeals · 1924
- Early-Foster Co. v. Tom B. Burnett & Co.Court of Appeals of Texas · 1920
- Wilson v. WilliamsonCourt of Appeals of Texas · 1979
- Magnolia Petroleum Co. v. BeckCourt of Appeals of Texas · 1931
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