Texas & Pacific Railway Co. v. Turner
Court of Appeals of Texas
Error from the District Court of Cass County. Tried below before Hon. P. A. Turner. The value of the goods and the damages were laid at $845. The original petition did not allege negligence, but failure of defendant, a common carrier, to comply with its contract to transport and deliver. Defendant plead that the goods were destroyed by fire without negligence on its part, and plaintiff, by supplemental petition alleged that such destruction was due to defendants negligence.
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Error from the District Court of Cass County. Tried below before Hon. P. A. Turner. The value of the goods and the damages were laid at $845. The original petition did not allege negligence, but failure of defendant, a common carrier, to comply with its contract to transport and deliver. Defendant plead that the goods were destroyed by fire without negligence on its part, and plaintiff, by supplemental petition alleged that such destruction was due to defendants negligence. To this pleading plaintiff specially excepted because it failed to show in what the negligence consisted or state any…
1Opinion of the Court
EIDSON, Associate Justice.
This is a suit brought by the defendant in error in the court below against the plaintiff in error to recover damages on account of the loss of certain goods shipjjed by the defendant in error from Loreta, Colorado, to Atlanta, Texas. The case was tried by the court below without a jury, and judgment was rendered in favor of the defendant in error.
There was no error in the action of the court below in overruling plaintiff in error’s special exception to defendant in error’s supplemental petition. The original petition stated a good cause of action as against a…
2Cited by5 opinions
- Weimhold v. HydeCourt of Appeals of Texas · 1927
- Robert McLane Co. v. Swernemann SchkadeCourt of Appeals of Texas · 1916
- Holmes v. KleinCourt of Appeals of Texas · 1933
- Taack v. UnderwoodCourt of Appeals of Texas · 1924
- Wichita Valley Ry. Co. v. Friedman & LandauCourt of Appeals of Texas · 1924