Baumbach v. Gulf, Colorado & Santa Fe Railway Co.

WILLIAMS, Associate Justice.

Both parties have appealed from the judgment below, and both have assigned errors.

The action was brought by Baumbach, to recover of the railway company damages for delay in delivering a carload of lumber. The damages claimed were the value of the lumber and freight and trackage charges paid upon it. The defendant pleaded in reconvention for storage or demurrage upon the lumber.

Plaintiff had a load of lumber upon one of defendant’s cars at its freight depot at Galveston, where it had arrived from Lake Charles, Louisiana. Plaintiff paid the freight charges upon it…