H. & T. C. R'y Co. v. Smith
Texas Supreme Court
Appeal from Limestone. Tried below before the Eton. L. D. Bradley. August 14, 1882, appellees brought this suit to recover damages for the failure and refusal of appellant to transport cotton as it was tendered, etc.
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Appeal from Limestone. Tried below before the Eton. L. D. Bradley. August 14, 1882, appellees brought this suit to recover damages for the failure and refusal of appellant to transport cotton as it was tendered, etc. The amount of damages claimed aggregated $21,112.68. The following is the statement of the case by appellees’ counsel, which is sufficiently accurate, and is the statement made by the commission of appeals to the supreme court: The appellees, in the years 1880 and 1881, were engaged in the purchase of cotton at the town of Mexia, in Limestone county, Texas, on the line of…
1Opinion of the Court
Watts, J. Com. App.
This is an action against the railroad company to recover damages for refusing to accept and transport cotton to market in the order it was tendered.
As authority for the proceeding, article 279, Revised Statutes, is cited by appellees, which in effect provides that the carrier shall receive and transport property tendered, on the trip or voyage then pending, provided that the vehicle or vessel has capacity safely to cany the same. And a refusal upon the part of the carrier, unde? such circumstances, to take and transport property as stated in the order presented, renders…
2Cited by15 opinions
- Missouri, Kansas & Texas Railway Co. v. Stark Grain Co.Texas Supreme Court · 1910
- Atchison, T. & S. F. Ry. Co. v. WordCourt of Appeals of Texas · 1913
- Ocean Steamship Co. v. Savannah Locomotive Works & Supply Co.Supreme Court of Georgia · 1909
- Tennessee River Nav. Co. v. WallsSupreme Court of Alabama · 1923
- Western Union Telegraph Co. v. RosentreterTexas Supreme Court · 1891
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