Gulf, C. & S. F. Ry. Co. v. Fort Grain Co.
| Decision Date | 13 March 1903 |
| Citation | 73 S.W. 845 |
| Parties | GULF, C. & S. F. RY. CO. v. FORT GRAIN CO. |
| Court | Texas Court of Appeals |
Appeal from District Court, McLennan County; T. P. Stone, Special Judge.
Additional opinion. For original opinion, see 72 S. W. 419.
Prendergast & Sanford and J. W. Terry, for appellant. Davis & Cocke, for appellees.
In stating in the original opinion that the intention and purpose of the shipper should be looked to in order to determine whether the transportation was domestic or interstate, we did not intend to convey the idea that the shipper or owner could not alter his previous intention, and end the shipment before it reached its original destination; but what we meant was that if the purpose and intent in starting the shipment was that it should be transported from one state to the place selected as its final destination in another state, and such purpose was not abandoned, the shipment would be interstate, although there might be a temporary break in the transportation with a view of transferring the shipment from the possession of one carrier to another, even though each carrier, upon receiving the commodity, transported same upon its own bills of lading. We add this statement to what has been said in the original opinion, and it will be considered as a part of the same.
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...Co. v. State of Iowa, 233 U.S. 334, 34 S. Ct. 592, 58 L. Ed. 988; Gulf, C. & S. F. Ry. Co. v. Fort Grain Co. (Tex. Civ. App.) 72 S.W. 419, 73 S.W. 845; Cincinnati, N. O. & T. Ry. Co. v. Interstate Com. Com., 162 U.S. 184, 16 S. Ct. 700, 40 L. Ed. 935; Wabash, St. L. & P. Ry. Co. v. People, ......
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