Texas P. R'y Co. v. Nicholson
Texas Supreme Court
Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Appellees brought suit to recover damages for a breach of contract in failing to receive and ship over appellant’s railroad beef cattle from Colorado, Texas, to Chicago, Illinois.
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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Appellees brought suit to recover damages for a breach of contract in failing to receive and ship over appellant’s railroad beef cattle from Colorado, Texas, to Chicago, Illinois. Plaintiffs charged that the defendant entered into a contract with them on the 12th day of May, 1882, by which it undertook to receive the cattle from plaintiffs on the 21st of May, 1882, at Colorado, and to furnish them necessary cars and transportation over its line to Chicago for market; that plaintiffs tendered the cattle on the 21st of May, 1882, and…
1Opinion of the Court
Willie, Chief Justice.—
The assignments of error relied on in the brief of appellant’s counsel complain of the action of the court in giving and refusing charges, and of the want of evidence to support the verdict of the jury. The first complaint against the charge is that it holds the railroad company liable as a common carrier of cattle upon a parol agreement to furnish cars, when its liability did not attach until the signing of the bill of lading.
Arts. 281, 282 and 283 of the Ee vised Statutes are cited as sustaining the views of appellant’s counsel. These sections merely provide that the…
2Cases cited10 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Bement v. SmithNew York Supreme Court · 1836
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Ganson v. MadiganWisconsin Supreme Court · 1860
- King v. WoodbridgeSupreme Court of Vermont · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Mead v. Johnson Group, Inc.Texas Supreme Court · 1981
- Houston, East & West Texas Railway Co. v. CampbellTexas Supreme Court · 1898
- R. G. McClung Cotton Co. v. Cotton Concentration Co.Court of Appeals of Texas · 1972
- Ayres v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Texarkana & Ft. S. Ry. Co. v. BrassTexas Commission of Appeals · 1924
21 more not listed; retrieve them via the Exa API.