Legal Opinion · Dissent

Texas & P. Ry. Co. v. Prunty

Court of Appeals of Texas

Decided March 25, 1916No. 8341Published

Appeal from Wise County Court, J. W. Walker, Judge. Suit by J. Y. Prunty against tbe Texas & Pacific Railway Company. On appeal by defendant from judgment for plaintiff, questions were certified to tbe Supreme Court.

1Dissent

In this case the evidence that appellee's horses were delivered to the appellant railway company for transportation in good condition is abundant. It also seems as well established in the evidence that when delivered at their destination they were in a badly injured condition, which was proximately caused by delays and rough handling, chargeable to appellant, and it will be observed in the opinion of the majority that the reversal of the judgment below in appellee's favor is grounded alone upon a single proposition, to wit, that the trial court committed prejudical error in permitting answer…

2Cases cited9 opinions

  1. Houston & Texas Central Railroad v. RobertsTexas Supreme Court · 1908
  2. Scalf v. Collin CountyTexas Supreme Court · 1891
  3. Texas & Pacific Railway Co. v. P. J. Donovan & Co.Texas Supreme Court · 1894
  4. Kansas City, M. & O. Ry. Co. v. WestCourt of Appeals of Texas · 1912
  5. Order of United Commercial Travelers of America v. BarnesSupreme Court of Kansas · 1907

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