Mistrot-Calahan Co. v. Missouri, K. & T. Ry. Co. of Texas
Court of Appeals of Texas
Appeal from McLennan County Court; Jas. P. Alexander, Judge. Suit by the Mistrot-Calahan Company against the Missouri, Kansas & Texas Railway Company of Texas and another. Judgment for defendants, and plaintiff appeals.
1Opinion of the Court
This suit was brought to recover the value of four cases of shoes shipped to appellant from Boston, Mass., three cases of which were lost in the Galveston storm of 1915, and the other damaged so as to render it worthless to appellant. The defense was that the loss was occasioned by the act of God.
The appellant contends that the shipment was a through shipment to Waco. The appellees insist that the shipment was to Galveston.
Whether it was the one or the other, it was an interstate shipment. The loss occurred while the goods were in the possession of appellee, the Southern Pacific Company. If…
2Cases cited9 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Northern Irr. Co. v. DoddCourt of Appeals of Texas · 1913
- Wichita Falls Traction Co. v. AdamsTexas Supreme Court · 1916
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of Austin v. HowardCourt of Appeals of Texas · 1941
- Norman v. Stark Grain & Elevator Co.Court of Appeals of Texas · 1922
- Kansas City, M. & O. Ry. Co. v. BlackstoneCourt of Appeals of Texas · 1919
- Compania De Vapores Insco, S.A. v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1956
- Payne v. Texas Mercantile Co.Court of Appeals of Texas · 1923
9 more not listed; retrieve them via the Exa API.