From Casetext: Smarter Legal Research

Houston, E. W. T. Ry. v. Houston Packing

Court of Civil Appeals of Texas, El Paso
May 20, 1915
176 S.W. 749 (Tex. Civ. App. 1915)

Opinion

No. 446.

April 29, 1915. Rehearing Denied May 20, 1915.

Appeal from Harris County Court; Clark C. Wren, Judge.

Action by the Houston Packing Company against the Houston East West Texas Railway Company. Judgment for plaintiff, and defendant appeals. Affirmed.

Lane, Wolters Storey and Baker, Botts, Parker Garwood, all of Houston, for appellant. Hutcheson Hutcheson, of Houston, for appellee.


The Houston Packing Company brought this suit to recover of appellant damages arising out of the shipment of a car of meat from Houston, Tex., to Pittsburg, Pa. The damage is alleged to have been due to delay in transit and insufficient re-icing. From a verdict and judgment in plaintiff's favor, the Railway Company appeals.

Appellant was the initial carrier, and the bill of lading which is issued, among other things, provided that the shipment was to be properly re-iced when necessary while in transit. Appellee furnished the car containing the shipment.

It is assigned as error that the verdict is contrary to the evidence, it being contended in the supporting propositions that the car containing the shipment was improperly constructed as to insulation, that the evidence disclosed the car had been properly re-iced while in transportation, and that there was no unreasonable delay in transit. No good purpose can be served by detailing and discussing the evidence. It is sufficient to support a finding adverse to appellant upon each of the issues presented in support of its assignments upon this phase of the case.

Those assignments complaining of the refusal of special charges are overruled, for the reason that no bill of exception was taken to their refusal, as required by chapter 59, Acts of 33d Legislature.

Affirmed.


Summaries of

Houston, E. W. T. Ry. v. Houston Packing

Court of Civil Appeals of Texas, El Paso
May 20, 1915
176 S.W. 749 (Tex. Civ. App. 1915)
Case details for

Houston, E. W. T. Ry. v. Houston Packing

Case Details

Full title:HOUSTON, E. W. T. RY. CO. v. HOUSTON PACKING CO

Court:Court of Civil Appeals of Texas, El Paso

Date published: May 20, 1915

Citations

176 S.W. 749 (Tex. Civ. App. 1915)