St. Louis Southwestern Ry. Co. of Texas v. Woldert Grocery Co.
Court of Appeals of Texas
Appeal from Smith County Court; Jesse F. Odom, Judge. Action by the Woldert Grocery Company and others against the St. Louis Southwestern Railway Company of Texas. The Kansas City Southern Railway Company, the Missouri Pacific Railway Company, and the American Refrigerator Transit Company were made parties by cross-action by defendant.
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Appeal from Smith County Court; Jesse F. Odom, Judge. Action by the Woldert Grocery Company and others against the St. Louis Southwestern Railway Company of Texas. The Kansas City Southern Railway Company, the Missouri Pacific Railway Company, and the American Refrigerator Transit Company were made parties by cross-action by defendant. From a judgment for plaintiff, after peremptory instructions for the defendants in the cross-action, the St. Louis Southwestern Railway Company appeals.
1Opinion of the CourtWillson, C. J.
The suit was by the Woldert Grocery Company against appellant to recover $480 as the value of a car load of peaches delivered to appellant at Omaha, Tex., for transportation to the Stone Produce Company in Topeka, Kan. The grocery company’s contention was that the peaches were so injured as to become valueless because of (1) a negligent failure of appellant to furnish a suitable and properly equipped car in which to transport them; (2) a negligent failure to transport them to Topeka with reasonable dispatch; and (3) negligence in handling them while they were being transported. The…
2Cases cited6 opinions
- Wood & Kinkaid v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1897
- Galveston, Harrisburg & San Antonio Railway Co. v. BallTexas Supreme Court · 1891
- Texas Pacific Railway Co. v. WisenorTexas Supreme Court · 1886
- Stevens v. Polk CountyCourt of Appeals of Texas · 1909
- Missouri, Kansas & Texas Railway Co. v. C. H. Rines & Co.Court of Appeals of Texas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Heldt Bros. Trucks v. SilvaCourt of Appeals of Texas · 1971
- Connecticut General Life Ins. Co. v. SmithCourt of Appeals of Texas · 1936
- Academy Welding v. CarnesCourt of Appeals of Texas · 1976
- Academy Welding v. CarnesCourt of Appeals of Texas · 1976