Mistrot-Calahan Co. v. Missouri, K. & T. Ry. Co. of Texas
Court of Appeals of Texas
Appeal from McLennan County Court; Jas. P. Alexander, Judge. Suit by the Mistrot-Calahan Company against the Missouri, Kansas & Texas Railway Company of Texas and another. Judgment for defendants, and plaintiff appeals.
1Opinion
On Motion for Rehearing.
We have reached the conclusion that appellant’s assignment of error as to the refusal of the trial court to give the special charge hereinafter set out should be sustained, and, as this case is to be reversed on that account we announce the following propositions of law for the guidance of the court upon another trial hereof:
[3] 1. When a common carrier receives goods for shipment, it insures their delivery in accordance with the bill of lading,- unless the loss is occasioned by the act of God, or of a public enemy, or by reason of the inherent defect or vice of the…
2Cases cited8 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Wichita Falls Traction Co. v. AdamsTexas Supreme Court · 1916
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- American Express Co. v. DuncanCourt of Appeals of Texas · 1917
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