St. Louis Southwestern Railway Co. v. Hays

KEY, Associate Justice.—

Opinion. — 1. Suit by appellee for $1000 damages caused by the alleged negligence of appellant in transporting a jack from Fort Worth to Mt. Pleasant, Texas; trial by the court and judgment for appellee for $300.

2. The court properly overruled appellant’s exception to appellee’s petition based upon the proposition, that compliance with the stipulation in the contract of shipment requiring.notice of his claim for damages to be given, was a condition precedent to his right to sue.

The contract was made March 30, 1893, and the animal delivered to appellee at its…