Texas & P. Ry. Co. v. Rackusin
Court of Appeals of Texas
Appeal from Kaufmau County Court; Thos. R. Bond, Judge. Action by H. Rackusin against the Texas & Pacific Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRainey, C. J.
Appellee sued appellant to recover damages to two car loads of bananas, which occurred on appellant’s road in transportation from New Orleans, La., to Terrell, Tex. Appellant answered by general denial. A trial resulted in a verdict and judgment in favor of appellee for $500, and appellant appeals.
Reasons for Reversing.
[1] 1. The probata and allegata do not correspond. The petition alleges “that the defendant contracted and agreed with him to-transport said two cars of bananas to him at Terrell, Tex., in good condition, and contracted and agreed to furnish him good and substantial air-tight…
2Cases cited1 opinion
- Gulf, West Texas & Pacific Railway Co. v. WittnebertTexas Supreme Court · 1908
3Cited by1 opinion
- Nigro v. Houston & T. C. R. Co.Court of Appeals of Texas · 1923