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: 469
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1875.1 HOUSTON & TEX. (. R. Co. v. HODDE & WERNER. 469
Opinion of the Court.
shipment; that the car or cars so allotted to a merchant were
run alongside the platform belonging to the warehouse, and the
cotton placed upon the car so allotted, by the merchant or his
employes; that the agent of defendant, or one of his clerks,
went around in the evening, before the arrival of the freight
train, and counted the bales on each car, taking marks, and
giving corresponding receipts; that this permission to the
warehousemen, to load the cars at their own platforms, was a
convenience to the railroad company, it saving the labor of
placing the cotton on the cars, and that, transportation being
scarce, the merchants, in the words of plaintiffs' principal witness,
"were glad to ship any way;" that G. H. Mensing,
plaintiffs' merchant, on application of his clerk, obtained the
consent of defendant's agent, that if he (Mensing) could get
this car to his platform he might do so, and load it there. It
was moved to Mensing's warehouse, loaded there by Mensing's
laborers, and the cotton upon it set on fire by the sparks from the
smoke-stack of a passing locomotive, some twenty or twentyfive
minutes after it had been placed on the car. The eleven
bales weighed five thousand five hundred and forty pounds,
three thousand three hundred and eighty pounds of which were
afterwards sold by plaintiffs for fourteen (14) cents per pound,
in gold, and "a bale of pickings" for twenty-six (26) dollars,
gold. The defendant proved, by R. I. Compton, its former
agent at Brenham, that the duties of his clerks and himself were
to receive and receipt for freight to be carried on the company's
cars; he was to receipt for all cotton loaded on the defendant's
cars; that printed rules were posted up in his office, requiring
the personal supervision of the agent or his clerks in loading
and checking the freight; that plaintiffs delivered him no cotton
on the day alleged or preceding day; that the day referred
to in petition (September 22, 1872), cotton was loaded on four
cars-one at the railroad depot, two at the platform of Harris
& Cook, and the one at Mensing's platform, on which plaint.iffs'
ctton was placed. The car loaded at the railroad depot
was in possession of witness; the two loaded at Harris & Cook's
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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/m1/477/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .