Legal Opinion

Gulf, C. & S. F. Ry. Co. v. Atlantic Fruit Distributors

Court of Appeals of Texas

Decided February 28, 1916PublishedCited by 7 opinions

Appeal from Lamar County Court; S. B. M. Long, Judge. Action by the Atlantic Fruit Distributors against J. D. Payne and another, in which the defendants filed' a cross-bill against the Gulf, Colorado & Santa Fé Railway Company. Judgment for the plaintiff against the named defendant only and for that defendant against the cross-defendant, and defendant and cross-defendant appeal.

1Opinion of the CourtLevy, J.

The Atlantic Fruit Distributors sued J. D. Payne on contract, to recover the purchase price of a car of bananas, and the First State Bank of Paris as guarantor of the payment of the price. J. D. Payne answered the suit and filed a cross-bill against the Gulf, Colorado & Santa Fé Railway Company, seeking to recover of it damages for alleged negligence respecting transportation of the car of bananas. The charge of the court authorized a verdict in favor of the plaintiff against Mr. Payne and the bank, and the jury so found. And the charge of the court authorized a verdict in favor of Mr. Payne…

2Cases cited5 opinions

  1. Trotti v. KinnearCourt of Appeals of Texas · 1912
  2. De Hymel v. Scottish-American Mortgage Co.Texas Supreme Court · 1891
  3. Broderick & Bascom Rope Co. v. Waco Brick Co.Court of Appeals of Texas · 1912
  4. McNairy v. CastleberryTexas Supreme Court · 1851
  5. Mills v. PaulCourt of Appeals of Texas · 1892

3Cited by7 opinions

  1. Cooper v. CarterCourt of Appeals of Texas · 1921
  2. Texas Cities Gas Co. v. DickensCourt of Appeals of Texas · 1939
  3. Booth v. Amicable Life Ins. Co.Court of Appeals of Texas · 1940
  4. Lewis v. TerrellCourt of Appeals of Texas · 1941
  5. Burnette v. MiracleCourt of Appeals of Texas · 1927

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