Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 210
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210 I. & T. C. R'Y Co. v. JACKSON. [Tyler Term,Opinion
of the court.
city of Galveston and there delivered to P. J. Willis & Bro., by whom
it was to be sold, on arrival, for account of appellee.
The appellee was a cotton buyer doing business at Kosse, on the
line of appellant's railway, and the cotton as purchased was delivered
to the appellant, who executed bills of lading therefor, but a large
part of the cotton was not transported within a reasonable time after
bills of ladinig were delivered, though ultimately taken to Galveston.
by the appellant.
The various items of damage are particularly set forth in the petition,
and embraced loss in weight and decline in price during the
delay, cotton destroyed by cattle, depreciation in the grade and value
of the cotton while in the possession of the carrier by exposure to
the weather, loss on pickings on arrival at Galveston, cost of picking;
and he also claimed by way of damage a named sum paid to his
commission merchant in Galveston as interest, which would not have
accrued if his cotton had been transported within a reasonable time
after bills of lading were executed.
The appellant answered by general demurrer and general denial.
The cause was tried without a jury and the conclusions of fact
found by the court are as follows:
"First. The plaintiff was a merchant in the town of Kosse, in
Limestone county, Texas, and the defendant a common carrier, with
its line of road running through said town, as alleged in plaintiff's
petition, in the years 1880 and 1881.
"Second. That the plaintiff purchased during the cotton season,
beginning August 16, 1880, and ending March 16, 1881, five hundred
and ninety-seven bales of cotton, for which defendant executed
bills of lading as it was tendered for shipment at the time
stated in plaintiff's exhibit 'B.'
" Third. That on all the cotton received by the defendant for
shipment after September 14, 1880, there was a damage of $5 per
bale, that is on four hundred and seventy-six bales, making an
aggregate damage of $2,380, and that one hundred and twenty-one
bales of the five hundred and ninety-seven were shipped by the defendant
promptly.
"Fourth. That in consequence of the failure of defendant to
ship the four hundred and seventy-six bales within a reasonable
time after bills of lading were executed therefor, the plaintiff sustained
a further loss, by reason of a further decline in the market
where the cotton was consigned at Galveston, of $1,483.32, as shown
by plaintiff's exhibit 'B.'
" Fifth. That plaintiff suffered a further loss of $63.21 in the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/232/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .