W. A. Ryan & Co. v. M., K. & T. R'y Co.
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. B. B. Gaines. This suit was instituted in the District Court of Grayson county to recover from the defendant the value of certain goods, wares and merchandise which defendant, in St. Louis, Mo., agreed and contracted to deliver in Honey Grove, Tex., and which were not delivered. The bill of lading had a printed head, in which was stipulated certain exceptions from liability, among others, that of destruction by fire.
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Appeal from Grayson. Tried below before the Hon. B. B. Gaines. This suit was instituted in the District Court of Grayson county to recover from the defendant the value of certain goods, wares and merchandise which defendant, in St. Louis, Mo., agreed and contracted to deliver in Honey Grove, Tex., and which were not delivered. The bill of lading had a printed head, in which was stipulated certain exceptions from liability, among others, that of destruction by fire. The goods were shipped by A. F. Shapleigh & Co., from whom they had been purchased by plaintiff, and were destroyed by fire while…
1Opinion of the Court
Willie, Chief Justice.
As a general rule, the consignor, as the agent to whom the owner entrusts his goods to be delivered to the carrier, must be regarded as having authority to stipulate for the terms of transportation. Red. on Car., sec. 52.
Having the power to make the delivery, he is to be presumed to have all the power necessary to carry it into effect. Hutch, on Car., sec. 265.
The carrier is authorized to act upon this presumption in contracting with the agent, and need not inquire into his authority to make the particular shipment.
These principles are so thoroughly settled by the…
2Cases cited24 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Squire v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Blossom v. . DoddNew York Court of Appeals · 1870
19 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Elder, Dempster & Co. v. St. Louis Southwestern Railway Co.Texas Supreme Court · 1913
- Galveston, Harrisburg & San Antonio Railway Co. v. HorneTexas Supreme Court · 1888
- Missouri Pacific Railway Co. v. Sherwood, Thompson & Co.Texas Supreme Court · 1892
- Grace v. Orkin Exterminating Co.Court of Appeals of Texas · 1953
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1899
80 more not listed; retrieve them via the Exa API.