Missouri, Kansas & Texas Railway Co. v. Pietzsch
Court of Appeals of Texas
Appellee, J. E. Pietzsch, filed his original petition in this cause on the 6th day of March, 1893, and by leave of the court filed his first amended original petition on November 9, 1893, alleging, in substance, that on or about the 26th day of October, 1891, appellee, desiring to ship about thirty-two head of mixed cattle, worth $25 per head, from Bartlett, Texas, to Amarillo, Texas, contracted with appellant’s agent at Bartlett for a car for the transportation of the same,…
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Appellee, J. E. Pietzsch, filed his original petition in this cause on the 6th day of March, 1893, and by leave of the court filed his first amended original petition on November 9, 1893, alleging, in substance, that on or about the 26th day of October, 1891, appellee, desiring to ship about thirty-two head of mixed cattle, worth $25 per head, from Bartlett, Texas, to Amarillo, Texas, contracted with appellant’s agent at Bartlett for a car for the transportation of the same, and alleging that appellant owned and operated a line of railway from Bartlett, Texas, to Fort Worth, Texas; that the…
1Opinion of the Court
COLLARD, Associate Justice.
We do not think the court below erred in sustaining plaintiff’s exception to defendant’s answer setting up the failure of plaintiff to give notice of damage to the cattle. The contract of shipment required plaintiff to give notice of claim of damages to some general officer of the company or to the agent nearest to the delivering station, within ninety days after the loss or damage. The statutes declares, that such notice when stipulated “may be given to the nearest or any other convenient local agent.” Gen. Laws 1891, • p. 20. It further declares, that “it shall be…
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