Legal Opinion

St. Louis, I. M. S. Ry. v. Hurst Riley

Court of Appeals of Texas

Decided February 9, 1911Published

Appeal from District Court, Franklin County; P. A. Turner, Judge. Action by Hurst & Riley and others against the St. Louis, Iron Mountain & Southern Railway Company. Judgment for plaintiffs, and defendant appeals.

1Opinion

On Motion for Rehearing.

Appellant in its motion for rehearing has made it properly appear as a fact that the date appearing of the filing of the appeal, bond was a clerical error, and that it was actually filed within the required time, and appellees’ ” counsel have consented to such. We therefore consider the appeal. The suit was for damages alleged to have resulted from a shipment of cattle to East St. Louis. The court held as a matter of law that the stipulation in the shipping contract in evidence was valid under the laws of Arkansas, where made, and enforceable; and by reason of such…

2Cases cited2 opinions

  1. Houston & Texas Central Railroad v. RobertsTexas Supreme Court · 1908
  2. St. Louis, I. M. & S. Ry. Co. v. SmithCourt of Appeals of Texas · 1911

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