Missouri, Kansas & Texas Railway Co. v. Hood

BOOKHOUT, Associate Justice.

This is a suit for damages to a carload of mules shipped from Sulphur Springs, Texas, on January 33, 1907, to Waco, Texas, claimed to have resulted from delay in transportation. A trial resulted in a verdict and judgment for plaintiff in the sum of $1,000, to reverse which defendant perfected on appeal to this court.

íhe contract of shipment contained a provision as follows: “The shipper further expressly agrees that, as a condition precedent to his right to recover any damages-.for .any loss or injury to said live stock resulting from the ...carrier’s néglígence,…