Pacific Express Co. v. Rudman
Court of Appeals of Texas
Appeal from District Court, Fannin County ; Ben H. Denton, Judge. Action by I. Rudman against the Pacific Express Company. Judgment for plaintiff, .and defendant appeals. ■ The appellee sued to recover damages for injury by fire to a collection of mink furs, alleged to have been caused through the negligence of the appellant company while being transported by it from St. Louis, Mo., to Bonham, Tex.
Read the full summary
Appeal from District Court, Fannin County ; Ben H. Denton, Judge. Action by I. Rudman against the Pacific Express Company. Judgment for plaintiff, .and defendant appeals. ■ The appellee sued to recover damages for injury by fire to a collection of mink furs, alleged to have been caused through the negligence of the appellant company while being transported by it from St. Louis, Mo., to Bonham, Tex. The appellant answered by general denial, and specially answered that the appellee, through his agent, contracted with appellant company that it would not be held liable or responsible for :any…
1Opinion of the CourtLevy, J.
[1] (after stating the facts as above). By the first assignment, the appellant contends that the court erred in not giving to the jury the following special charge: “If you find for plaintiff, you are instructed that in no event can you find for a greater sum than $81.” That a case was submitted to the jury upon special issues, and not upon an instruction, the effect of which was to request the return of a general verdict, would not justify a reversal of the judgment. A case which is entitled to go to the jury on special issues under the statutes, as here, does not permit of a general verdict…
2Cases cited9 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- The MajesticSupreme Court of the United States · 1897
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Waller v. LilesTexas Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Texas v. HarringtonTexas Commission of Appeals · 1921
- Calvin v. NeelCourt of Appeals of Texas · 1916
- International & G. N. Ry. Co. v. JonesCourt of Appeals of Texas · 1915
- La Grone v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1916
- Owens v. Navarro County Levee Improvement Dist. No. 8Court of Appeals of Texas · 1925
7 more not listed; retrieve them via the Exa API.