Wichita Valley Railway Co. v. Nance

TARLTON, Chief Justice.

This appeal is from a judgment recovered by the appellee, as plaintiff, against the appellant, as .defendant, under the provisions of article 4258a of our Revised Statutes, prescribing a penalty for withholding goods after tender of the payment of the freight due thereon as shown by the bill of lading.

The bill of lading pleaded and proved on the trial contained the stipulation that the weights therein named were subject to correction. The defendant denied the correctness of the weight recited in the bill.

Under such conditions, in order to recover the penalty prescribed…