Texas N. O. R. Co. v. East

On Motion for Rehearing.

While there was an allegation of delay on the part of the carrier, the question of delay was not submitted to the jury, and therefore is of no effect in the consideration. The judgment in this case must be sustained, if at all, on the presumption of negligence and rough handling on the way to New Orleans. When that presumption arose, then it devolved on the carrier to show by testimony that there was no rough handling, but that the cattle were handled in a careful manner. That is exactly what was done by the carrier, and, in addition, there was affirmative evidence to…