Legal Opinion

St. Louis, B. & M. Ry. Co. v. True Bros.

Court of Appeals of Texas

Decided November 2, 1911PublishedCited by 3 opinions

Appeal from District Court, Wise County; J. W. Patterson, Judge. Action by True Bros, against the St. Louis, Brownsville & Mexico Railway Company and others. From a judgment for plaintiff against two defendants, defendant named appeals. The suit was to recover damages alleged to have been occasioned appellees in a shipment of cattle from Norias, Tex., to Ringold, Tex.

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Appeal from District Court, Wise County; J. W. Patterson, Judge. Action by True Bros, against the St. Louis, Brownsville & Mexico Railway Company and others. From a judgment for plaintiff against two defendants, defendant named appeals. The suit was to recover damages alleged to have been occasioned appellees in a shipment of cattle from Norias, Tex., to Ringold, Tex. The cattle were transported by the St. Louis, Brownsville & Mexica Railway Company over its line from Norias to Houston, and thence by the Trinity & Brazos Yalley Railway Company over its line to Ft. Worth, and thence by the…

1Opinion of the CourtLevy, J.

(after stating the acts as above). [1] The first assignment of error is predicated upon exceptions taken to admitting certain evidence. The evidence objected to was offered in support of allegations to show that appellees desired another route than the ones over which the cattle went, and that they made efforts to route the cattle the other way, and the agent refused to route the way demanded. It was in evidence that appellees subsequently entered into a written contract providing for the routing that the cattle went. The point made is that when a shipper agrees to ship cattle over a certain…

2Cases cited2 opinions

  1. Inman & Co. v. St. Louis Southwesten Railway Co.Court of Appeals of Texas · 1896
  2. Fort Worth Light & Power Co. v. MooreCourt of Appeals of Texas · 1909

3Cited by3 opinions

  1. Marks v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
  2. St. Louis, B. & M. Ry. Co. v. True Bros.Court of Appeals of Texas · 1913
  3. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1966

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