Pacific Express Co. v. Darnell Bros.
Texas Supreme Court
Appeal from Van Zandt. Tried below before the Hon. Felix J. McCord. Darnell Bros, brought suit for $415 damages for delaying the cylinder of a steam-engine thirteen days after it was delivered to appellant for shipment. The case was transferred to the district -court.
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Appeal from Van Zandt. Tried below before the Hon. Felix J. McCord. Darnell Bros, brought suit for $415 damages for delaying the cylinder of a steam-engine thirteen days after it was delivered to appellant for shipment. The case was transferred to the district -court. Plaintiffs charged that on the 4th day of April, 1882, they delivered the cylinder to appellant’s agent at Grand Saline, Van Zandt county, Texas, to be transported to Baltimore, Maryland, for repair or duplication, and that they prepaid the charges, amounting to $17.75; that appellant contracted and bound itself in writing on…
1Opinion of the Court
Watts, J. Com. App.
Every material issuable fact must be alleged in order to admit the necessary evidence in support of it. Thompson v. Thompson, 12 Tex., 327; Mims v. Mitchell, 1 Tex., 443; Lemmon v. Hanley, 28 Tex., 219.
To authorize a recovery for the loss of profits, as damages, occasioned by suspension of their milling operations, it was essential for the appellees not only to prove that such suspension was caused or rather continued by the failure to promptly forward the cylinder, but also that such facts had been communicated to appellant as would have reasonably indicated the result…
2Cases cited3 opinions
- Mims v. MitchellTexas Supreme Court · 1846
- Lemmon v. HanleyTexas Supreme Court · 1866
- Thompson v. ThompsonTexas Supreme Court · 1854
3Cited by30 opinions
- Queen of the PacificSupreme Court of the United States · 1901
- Pacific Coast S. S. Co. v. Bancroft-Whitney Co.Court of Appeals for the Ninth Circuit · 1899
- Parks v. O'ConnorTexas Supreme Court · 1888
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Bancroft—Whitney Co. v. Pacific Coast Steamship Co.District Court, N.D. California · 1894
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