Missouri, Kansas & Texas Railway Co. v. Cocreham
Court of Appeals of Texas
Appeal from the County Court of Hays County. Tried below before Hon. B. G. Neighbors. Cocreham sued appellant in the County Court of Hays County for damages for delay in delivering a car load of mules. The delay is charged as caused by appellant failing to deliver the mules to the Houston & Texas Central Railway at Waco, Texas, whereby the mules had to be received at Waco and driven about 100 miles to Hearne, the destination.
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Appeal from the County Court of Hays County. Tried below before Hon. B. G. Neighbors. Cocreham sued appellant in the County Court of Hays County for damages for delay in delivering a car load of mules. The delay is charged as caused by appellant failing to deliver the mules to the Houston & Texas Central Railway at Waco, Texas, whereby the mules had to be received at Waco and driven about 100 miles to Hearne, the destination. It was alleged that the market price fell at Hearne in the interval between the dates December 26th to 30th, and January 6th, so that plaintiff could not sell at Hearne,…
1Opinion of the Court
FISHER, Chief Justice.
There was no error in overruling the demurrer to the petition. It set out sufficiently the items of damages.
The charge of the court gave the correct rule as the measure of damages that should govern in this case, and the evidence in the record warrants the charge in this respect.
The testimony of witness McGehee was admissible, and we think the verdict and judgment as to the extent of damages is sustained by the evidence.
That branch of the case where the appellant sets up a failure to give notice of the extent of the injuries to the stock before removal, and giving notice…
2Cases cited1 opinion
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
3Cited by8 opinions
- Rogers v. LancasterTexas Commission of Appeals · 1923
- Webb v. MitchellCourt of Appeals of Texas · 1963
- Burr's Ferry, B. & C. Ry. Co. v. AllenCourt of Appeals of Texas · 1914
- Sivalls Motor Co. v. ChastainCourt of Appeals of Texas · 1928
- Texas Central Railroad v. Fisher & McFatterCourt of Appeals of Texas · 1896
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