Legal Opinion

Hovey v. Tankersley

Court of Appeals of Texas

Decided April 21, 1915No. 5481PublishedCited by 4 opinions

Error from Irion County Court; W. F. Fokes, Judge. Action by Fayette Tankersley against S. B. Hovey and another, as receivers of the Kansas City, Mexico & Orient Railway Company. There was a judgment for plaintiff, and defendants bring error.

1Opinion of the CourtRice, J.

This suit was- brought by defendant in error, plaintiff below, to recover damages to a shipment of cattle from Mert-zon, Tex., to Wichita, Kan., over plaintiffs in error’s lines of railway. The negligence alleged consisted of rough handling and delay in transit resulting in extra feed charges, depreciation in market value, decline in price and shrinkage, aggregating a total of $720.25. The defense was that it was an interstate shipment, and that on account of the reduced rate given the shipper, defendant in error entered into a written contract containing a provision, as a condition precedent…

2Cases cited6 opinions

  1. Fort Worth & Denver City Railway Co. v. GreathouseTexas Supreme Court · 1891
  2. Missouri Pacific Railroad v. FaganTexas Supreme Court · 1888
  3. Missouri Pacific Railway Co. v. HarrisTexas Supreme Court · 1886
  4. Galveston, H. & S. A. Ry. Co. v. SparksCourt of Appeals of Texas · 1913
  5. Missouri Pacific Railway Co. v. J. W. Childers & Co.Court of Appeals of Texas · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Panhandle & S. F. Ry. Co. v. JonesCourt of Appeals of Texas · 1915
  2. Fort Worth & Denver City Ry. Co. v. MotleyCourt of Appeals of Texas · 1935
  3. Mexico Northwestern Ry. Co. v. WilliamsCourt of Appeals of Texas · 1919
  4. Southern Pacific Co. v. PorterCourt of Appeals of Texas · 1958

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