Legal Opinion
Texas & Pacific Railway Co. v. George
Court of Appeals of Texas
Decided April 23, 1971No. 17194PublishedCited by 3 opinions
1Opinion of the Court
OPINION
MASSEY, Chief Justice.
A judgment against a defendant carrier for a freight loss absent findings for the shipper as to condition of the item at time it was received for shipment may be sustained only in the event questions relating thereto are resolved as a matter of law.
In this case judgment was rendered for the plaintiff shipper, Clovis George, upon the negative or “No” finding returned to the following special issue :
“Do you find from a preponderance of the evidence, if any, that the television set shipped to Clovis George on November 26th, 1968, was not damaged while under the care…
2Cases cited10 opinions
- Missouri Pacific Railroad Co. v. Elmore & StahlTexas Supreme Court · 1963
- Yeckes-Eichenbaum, Inc. v. Texas Mexican Railway CompanyCourt of Appeals for the Fifth Circuit · 1959
- Matthews-Carr v. Brown Exp.Court of Appeals of Texas · 1948
- Missouri Pacific Railroad Company v. Elmore & StahlCourt of Appeals of Texas · 1962
- Missouri Pacific Railway Co. v. IvyTexas Supreme Court · 1891
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3Cited by3 opinions
- HOME FURN. & APP. v. Red Ball Motor Freight, Inc.Louisiana Court of Appeal · 1977
- Strickland Transportation Co. v. Cummins Supply Co.Court of Appeals of Texas · 1972
- Mitsui & Co. (U. S. A.) v. Ramsey Truck Lines, Inc.Court of Appeals of Texas · 1977