Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 468
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468 HoUsToN & TEX. C. R. Co. v. HODDE & WEENER. [Term of
Opinion of the Court.
The facts appear in the opinion.
Baker & Botts, for appellant.
TF. P. Hamblin, for appellees.
DEVINE, J. The appellees, who were plaintiffs in the court
below, sued the defendant, in the District Court of Harris
county, to recover for a loss occasioned by the partial destruction
of eleven bales of cotton, destroyed or damaged by fire
after being placed upon a car of defendant, and being upon
a side track adjoining the platform of a private warehouse, in
the town of Brenham, it being so placed for the purpose of
being transported to Houston by defendant. The petition
aveFred that defendant was a common carrier; that the cotton
was destroyed or damaged by the negligence of defendant;
that the defendant was liable for the loss and injury to plaintiffs;
with the usual prayer for damages.
The defendant excepted, and answered with a denial of all
liability, and a denial of any delivery to, or acceptance of the
cotton for transportation by the defendant, its agent, or any of
its servants, or any notice to it, of the cotton being loaded on
The jury returned a verdict in favor of the plaintiffs for
three hundred and seventy-seven dollars.
Exceptions were taken to the rulings and charge of the
court, and a motion for a new trial being overruled, defendant
appealed. The only question requiring consideration is the
alleged error in the charge of the court to the jury, as specified
in defendant's bill of exceptions. The correctness or error of
the charge is easily ascertained by a brief reference to the material
portions of the evidence. The witnesses for the plaintiffs
stated that the merchants of Brenham, or those whose warehouses
were contiguous to the side track of the railway, were
accustomed to having freight cars allotted to them on application
to the agent of defendant, in proportion to the number
of bales of cotton which each merchant might have for
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/476/: accessed May 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .