Chicago, R. I. & G. Ry. Co. v. Whaley
Court of Appeals of Texas
Appeal from Sherman County Court; J. W. Elliott, Judge. Action by G. T. Whaley against the Chicago, Rock Island & Gulf Railway Company. Judgment for the plaintiff, and defendant appeals.
1Opinion of the Court
This is a stock shipping case. Two cars of the stock were shipped separately to Kansas City and one to Ft. Worth. The Chicago, Rock Island Gulf Railway is the initial carrier, and the Ft. Worth Denver City Railway is not made a party defendant.
Plea in abatement, alleging misjoinder of parties and causes of action, was urged in the lower court and overruled, and this is made the basis of the first assignment. The evidence showed that the initial carrier was not responsible for any of the damages to the Ft. Worth shipment, but that all the delay and injury occurred on the line of the Ft. Worth…
2Cases cited9 opinions
- Pecos & Northern Texas Railway Co. v. RayzorTexas Supreme Court · 1915
- Pacific Coast S. S. Co. v. Bancroft-Whitney Co.Court of Appeals for the Ninth Circuit · 1899
- Missouri Pacific Railway Co. v. HarrisTexas Supreme Court · 1886
- Clegg v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
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3Cited by4 opinions
- Fort Worth & Rio Grande Railway Co. v. MathewsTexas Supreme Court · 1917
- Atchison, T. & S. F. Ry. Co. v. SmythCourt of Appeals of Texas · 1916
- Panhandle & S. F. Ry. Co. v. JonesCourt of Appeals of Texas · 1915
- Kansas City, M. & O. Ry. Co. v. HansardCourt of Appeals of Texas · 1916