Legal Opinion

Boyd v. McCleskey

Court of Appeals of Texas

Decided October 2, 1974No. 6404Published

1Opinion of the Court

OPINION

WARD, Justice.

The Appellant, C. E. Boyd, Sr., sued the Appellees as a common carrier for hire to recover the value of fifty bales of cotton which were destroyed by fire while Appel-lees were engaged in hauling the cotton from Seminole to Sudan, Texas. The carrier defended itself by allegations and proof that all transportation services were performed without negligence on its part, that the loss was caused by two of the excepted perils recognized at common law, to-wit: the fault of the shipper and the inherent nature of the goods being shipped. Jury findings being secured favorable as…

2Cases cited7 opinions

  1. Missouri Pacific Railroad v. Elmore & StahlSupreme Court of the United States · 1964
  2. Missouri Pacific Railroad Co. v. Elmore & StahlTexas Supreme Court · 1963
  3. Missouri Pacific Railroad v. Whittenburg & AlstonTexas Supreme Court · 1968
  4. Gulf, C. & S. F. Ry. Co. v. DownsCourt of Appeals of Texas · 1934
  5. Roberts v. K-Mart Foods, Inc.Court of Appeals of Texas · 1971

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API