St. Louis Southwestern Ry. Co. of Texas v. Stinson
Court of Appeals of Texas
Appeal from Eranklin County Court; O. L. Reaves, Judge. Suit by J. C. Stinson against the St. Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. As made by bis pleadings, appellee’s suit was for $250 damages be claims be bad suffered because of injury to 158 bead of cattle owned by bim and delivered by bim to appellant at Texarkana, Tex., on the afternoon of January 12, 1917, for transportation to Mt. Vernon, Tex.
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Appeal from Eranklin County Court; O. L. Reaves, Judge. Suit by J. C. Stinson against the St. Louis Southwestern Railway Company of Texas. Judgment for plaintiff, and defendant appeals. As made by bis pleadings, appellee’s suit was for $250 damages be claims be bad suffered because of injury to 158 bead of cattle owned by bim and delivered by bim to appellant at Texarkana, Tex., on the afternoon of January 12, 1917, for transportation to Mt. Vernon, Tex. He alleged that appellant in the exercise of due care should have transported the cattle to Mt. Vernon in a train which left Texarkana at…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above),
[1] While it appeared that the cattle were confined in appellant’s pens at' Tex-arkana, Tex., from 5:30 o’clock of the afternoon of January 12 to 7:02 o’clock of the afternoon of January 13th, under conditions which might have caused injury to them, ap-pellee did not claim in the evidence that appellant was liable to him for any injury to them except such as they suffered from being confined in the pens from 7:45 o’clock of the morning of said January 13th to 7:02 o’clock of the afternoon of that day. Notwithstanding this, the court in the fifth paragraph of…
2Cases cited5 opinions
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- McFadden v. Alabama Great Southern R.Court of Appeals for the Third Circuit · 1917
- Galveston, Harrisburg & San Antonio Railway Co. v. Wood-Hagenbarth Cattle Co.Texas Supreme Court · 1912
- Wichita Falls W. Ry. of Texas v. AsherCourt of Appeals of Texas · 1914
- Gulf, C. & S. F. Ry. Co. v. MathisCourt of Appeals of Texas · 1917