St. Louis, B. & M. Ry. Co. v. Marcofich
Court of Appeals of Texas
Appeal from District Court, Bowie County ; H. F. O’Neal, Judge. Action by Frank Marcofich against the- St. Louis, Brownsville & Mexico Railway Company and others. From a judgment for plaintiff, certain defendants appeal. January 23, 1914, appellee delivered 103-head of mules to appellant St. Louis, Brownsville & Mexico Railway Company to be transported by it and connecting lines from Brownsville to Texarkana.
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Appeal from District Court, Bowie County ; H. F. O’Neal, Judge. Action by Frank Marcofich against the- St. Louis, Brownsville & Mexico Railway Company and others. From a judgment for plaintiff, certain defendants appeal. January 23, 1914, appellee delivered 103-head of mules to appellant St. Louis, Brownsville & Mexico Railway Company to be transported by it and connecting lines from Brownsville to Texarkana. The nmles left Brownsville between 2 and 4:30 o’clock p. m. of that day, reached Houston about 4 o’clock p. m. of January 25th, and reached Long-view about 2 o’clock a. m., and Texarkana…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). Appellants requested the court to instruct the jury to find in their favor, and complain of his refusal to do so. The grounds upon which they based their requests were (1) that the testimony was not sufficient to support a finding of negligence as charged in appellee’s petition; and (2), if it was sufficient, appellee was not entitled to recover, because, it appeared that he did not comply with the stipulations in the contracts covering the shipment requiring him as a condition precedent to a recovery to give notice in writing to their respective agents of…
2Cases cited7 opinions
- Fort Worth & Denver City Railway Co. v. GreathouseTexas Supreme Court · 1891
- Texas & Pacific Railway Co. v. AdamsTexas Supreme Court · 1890
- Southern Kansas Ry. Co. of Texas v. HugheyCourt of Appeals of Texas · 1916
- H. T. C. R. R. Co. v. MayesCourt of Appeals of Texas · 1906
- Missouri Pacific Railway Co. v. J. W. Childers & Co.Court of Appeals of Texas · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- International Travelers' Ass'n v. GriffingCourt of Appeals of Texas · 1924
- St. Louis, B. & M. Ry. Co. v. MarcofichTexas Commission of Appeals · 1920
- Western Union Telegraph Co. v. ScarboroughCourt of Appeals of Texas · 1931
- Western Union Telegraph Co. v. CatesCourt of Appeals of Texas · 1926
4 more not listed; retrieve them via the Exa API.