American Ry. Express Co. v. Santa Anna Gas Co.

On Motion for Rehearing.

The earnestness with which appellant’s counsel argue in their motion for a rehearing that we have committed error in affirming the judgment of the trial court herein, induces us to add the following to our opinion in this cause: It is well settled that limitations in a shipping contract have no application in case of conversion. 10 C. J. 167, 168.

Appellant contends that appellee’s petition alleges a breach of contract of shipment, and not a conversion. The petition alleges that appellant converted the trip spear to its own use. But, says the appellant, this is but a…