Legal Opinion

Texas & P. Ry. Co. v. Coutourie

Court of Appeals for the Second Circuit

Decided December 20, 1904No. 104PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here by writ of error from a judgment of the United States Circuit Court for the Southern District of New York, entered upon a verdict of a jury, for the sum of $5,047.74, in favor of the plaintiff below.

1Opinion of the Court

TOWNSEND, Circuit Judge.

This action is one of a series of cases arising out of a fire which occurred at Westwego, La., a point on the Mississippi river opposite the city of New Orleans, on November 12, 1894, and which destroyed a large amount of cotton there stored on defendant’s wharf and in its cars. The defendant had undertaken to transport this cotton from points in Texas to Havre, France. By its bill of lading it was exempted from liability for destruction by fire.

Former decisions discussing the situation and covering various questions raised as to the liability of the defendant are…

2Cases cited28 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  3. Insurance Co. v. BoonSupreme Court of the United States · 1877
  4. Scheffer v. Railroad Co.Supreme Court of the United States · 1882
  5. Railroad Co. v. ReevesSupreme Court of the United States · 1870

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3Cited by4 opinions

  1. State v. LordNew Mexico Supreme Court · 1938
  2. Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
  3. Lehigh Valley R. v. Allied Machinery Co. of AmericaCourt of Appeals for the Second Circuit · 1921
  4. Hinton v. State of CaliforniaCalifornia Court of Appeal · 1954

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