I. & G. N. R'y Co. v. Blanton, Nunnally & Co.
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. A. J. Booty. The plaintiffs below were Benj. F. Blanton, Charles L. Bunnally and Leander B. Cunningham, comprising the firm of Blanton, Nunnally & Co. The petition was filed April 3, 1883. Plaintiffs alleged that in the winter of 1880 and 1881, they had shipped from Henderson, Busk county, by the defendant’s road, a large quantity of cotton to Galveston, Texas, consigned to the firm of P. J. Willis & Bro., merchants of that city;…
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Appeal from Rusk. Tried below before the Hon. A. J. Booty. The plaintiffs below were Benj. F. Blanton, Charles L. Bunnally and Leander B. Cunningham, comprising the firm of Blanton, Nunnally & Co. The petition was filed April 3, 1883. Plaintiffs alleged that in the winter of 1880 and 1881, they had shipped from Henderson, Busk county, by the defendant’s road, a large quantity of cotton to Galveston, Texas, consigned to the firm of P. J. Willis & Bro., merchants of that city; that by the negligence of defendant that cotton had been permitted to lie upon the ground, exposed to rain and bad…
1Opinion of the Court
Delany, J. Com. App.
The first, second and third assignments of error may be considered together. They complain of the ruling of the court in admitting in evidence Exhibit “A,” and the depositions of the witnesses Willis and Zeigler.
The exhibit was not introduced because it was supposed to be competent evidence, by itself alone, of any particular fact. The plaintiffs did not propose to show by the exhibit either that the cotton had come to the hands of the defendant or that it had been damaged. These facts they proved by appropriate testimony.
They proved by the bills of lading that the…
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- Fox v. Christopher & Simpson Iron Works Co.Court of Appeals of Texas · 1917
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