Payne v. Boswell
Court of Appeals of Texas
Appeal from District Court, Tarrant County; Ben. M. Terrell, Judge. Action by A. V. Boswell and wife against John Barton Payne, Agent. From judgment for plaintiffs, defendant appeals. Appellees’ suit against appellant was for the value of a trunk and its contents (alleged to be $1,047.25) carried from Memphis to Childress, over the Fort Worth & Denver City Railway, while it was operated by the Director General of Railroads.
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Appeal from District Court, Tarrant County; Ben. M. Terrell, Judge. Action by A. V. Boswell and wife against John Barton Payne, Agent. From judgment for plaintiffs, defendant appeals. Appellees’ suit against appellant was for the value of a trunk and its contents (alleged to be $1,047.25) carried from Memphis to Childress, over the Fort Worth & Denver City Railway, while it was operated by the Director General of Railroads. In theiir original petition, appellees alleged that they purchased tickets of the carrier, entitling them and their baggage to be carried over said line of railway from…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] Appellant requested the trial court to instruct the jury to return a verdict in his favor, and in his first assignment complains of the refusal of the court to do so. The request was predicated on rule I, section A, o,f Baggage Tariff 25-2, set out in the statement above, on the fact that the ticket, by virtue of which the trunk was cheeked, was never used for any other purpose, and on the fact that neither of the ap-pellees traveled on the train which carried the trunk. Appellant argues that the carrier therefore was a gratuitous bailee of the trunk and…
2Cases cited6 opinions
- McKibbin v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1907
- Southern Railway Co. v. Dinkins & Davidson Hardware Co.Supreme Court of Georgia · 1913
- Alabama Great Southern R. R. v. KnoxSupreme Court of Alabama · 1913
- Hines v. BurnettSupreme Court of Virginia · 1921
- Larned v. Central RailroadSupreme Court of New Jersey · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Western Union Telegraph Co. v. HicksCourt of Appeals of Texas · 1932