Legal Opinion
Missouri Pacific Railroad Co. v. Elmore & Stahl
Texas Supreme Court
Decided May 15, 1963No. A-9323PublishedCited by 31 opinions
1Opinion of the Court
WALKER, Justice.
On the only question presented by this appeal, we hold that after a shipper of inanimate perishables by common carrier railroad in interstate commerce has made a prima facie case of carrier liability, the carrier may not exonerate itself by showing that all transportation services were performed without negligence but must go further and establish that the loss or damage was caused by one of the four excepted perils recognized at common law.
Elmore & Stahl, respondent, brought this suit against Missouri Pacific Railroad Company, petitioner, to recover for alleged damage to…
2Cases cited17 opinions
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Chesapeake & Ohio Railway Co. v. Thompson Manufacturing Co.Supreme Court of the United States · 1926
- Secretary of Agriculture v. United StatesSupreme Court of the United States · 1956
- Lehigh Valley R. Co. v. State of RussiaCourt of Appeals for the Second Circuit · 1927
12 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
- Utilities Pipeline Co. v. American Petrofina Marketing, Texas Court of Appeals, 5th District (Dallas)1988
- Missouri Pacific Railroad v. Whittenburg & AlstonTexas Supreme Court · 1968
- Central Freight Lines, Inc. v. Naztec, Inc., Texas Court of Appeals, 8th District (El Paso)1990
- Red Arrow Freight Lines, Inc. v. HoweCourt of Appeals of Texas · 1972
26 more not listed; retrieve them via the Exa API.