Missouri, K & T. Ry. Co. of Texas v. Peery

Court of Appeals of Texas

Missouri, K & T. Ry. Co. of Texas v. Peery

135 S.W. 1198, 1911 Tex. App. LEXIS 167

DecidedMarch 9, 1911

StatusPublished

This text of 135 S.W. 1198 (Missouri, K & T. Ry. Co. of Texas v. Peery) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Missouri, K & T. Ry. Co. of Texas v. Peery, 135 S.W. 1198, 1911 Tex. App. LEXIS 167 (Tex. Ct. App. 1911).

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Opinion

HODGES, J.

This suit was instituted by the appellee against the appellant to recover damages for delay in the transportation of a shipment of cattle. There were 10 cars of cattle in all, shipped from St. Jo, Tex., to Chicago, Ill. It is alleged that the cattle were unnecessarily and negligently delayed two days en route, and that by reason of that fact they lost heavily in flesh and market value. Upon a trial before a jury a verdict was rendered in favor of the appellee for $568.25. The only assignments of error presented in appellant’s brief complain of the insufficiency of the testimony to support the' verdict. It is claimed that the delay was due to high waters and the unavoidable bad condition of the appellant’s track resulting from the floods. The testimony offered on the part of the appellant tended to establish that defense in part only. There were delays covering a considerable length of time both at Parsons, Kan., and at Sedalia, Mo., which were not satisfactorily excused. We think the testimony is sufficient to justify the conclusion reached by the jury, and the judgment is accordingly affirmed.

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HODGES, J.

This suit was instituted by the appellee against the appellant to recover damages for delay in the transportation of a shipment of cattle. There were 10 cars of cattle in all, shipped from St. Jo, Tex., to Chicago, Ill. It is alleged that the cattle were unnecessarily and negligently delayed two days en route, and that by reason of that fact they lost heavily in flesh and market value. Upon a trial before a jury a verdict was rendered in favor of the appellee for $568.25. The only assignments of error presented in appellant’s brief complain of the insufficiency of the testimony to support the' verdict. It is claimed that the delay was due to high waters and the unavoidable bad condition of the appellant’s track resulting from the floods. The testimony offered on the part of the appellant tended to establish that defense in part only. There were delays covering a considerable length of time both at Parsons, Kan., and at Sedalia, Mo., which were not satisfactorily excused. We think the testimony is sufficient to justify the conclusion reached by the jury, and the judgment is accordingly affirmed.

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135 S.W. 1198, 1911 Tex. App. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/missouri-k-t-ry-co-of-texas-v-peery-texapp-1911.