Haynie v. Baylor
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. James H. Bell. Suit by appellant against appellee for §596 82, the value of certain merchandise which the defendant undertook to transport by wagon, for plaintiff, from Texana to La Grange, and which he failed to deliver. It was alleged that the defendant received the goods in the capacity of a common carrier.
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Appeal from Fayette. Tried below before the Hon. James H. Bell. Suit by appellant against appellee for §596 82, the value of certain merchandise which the defendant undertook to transport by wagon, for plaintiff, from Texana to La Grange, and which he failed to deliver. It was alleged that the defendant received the goods in the capacity of a common carrier. An amendment of the petition charged the defendant as a private carrier, in case of failure to prove that he was a common carrier. Answer, denying that defendant was a common carrier, alleging that he was a farmer, and undertook to haul…
1Opinion of the CourtWheeler, J.
In Chevalier v. Strahan et al. (2 Tex. R. 115,) it was laid down as a general rule, “ that all persons “ who transport goods from place to place for hire, for such “ persons as see fit to employ them, whether usually or occa- “ sionally, whether as a principal or incidental and subordinate “ occupation, are common carriers, and incur all their respon- “ sibilities.” There can be no doubt that the defendant had been accustomed occasionally, to pursue the occupation of a common carrier. But there was evidence of his having abandoned or discontinued the occupation ; and there was evidence also…
2Cited by14 opinions
- International & Great Northern Railway Co. v. KuehnCourt of Appeals of Texas · 1893
- General Life Ins. Co. v. PotterCourt of Appeals of Texas · 1939
- Mayhew v. McFarlandTexas Supreme Court · 1941
- Snow Lumber Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- St. Paul Fire & Marine Insurance v. Southern Pacific Co.California Court of Appeal · 1916
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