Gulf, C. & S. F. Ry. Co. v. Bush & Witherspoon Co.
| Decision Date | 15 March 1911 |
| Citation | 136 S.W. 102 |
| Court | Texas Court of Appeals |
| Parties | GULF, C. & S. F. RY. CO. v. BUSH & WITHERSPOON CO. et al.<SMALL><SUP>†</SUP></SMALL> |
Appeal from District Court, McLennan County; Marshall Surratt, Judge.
Action by Bush & Witherspoon Company against the Gulf, Colorado & Santa Fé Railway Company and the Ft. Worth & Rio Grande Railway Company, in which each defendant asks judgment over against its codefendant in case of an adverse judgment. Judgment for plaintiff against both defendants, and for the Ft. Worth Company against the Santa Fé Company, and the latter appeals. Affirmed.
Terry, Cavin & Mills and A. H. Culwell, for appellant. Andrews, Ball & Streetman and Waller S. Baker, for appellees.
This suit was brought by Bush & Witherspoon Company against appellant and the Ft. Worth & Rio Grande Railway Company, to recover the value of 62 bales of cotton shipped over the lines of said companies to its order at Galveston, Tex., alleging that said companies were connecting lines, and that said cotton was shipped on a through bill of lading.
The defendant the Ft. Worth & Rio Grande Railway Company answered, admitting receipt of said cotton, but alleged that it had delivered the same to its codefendant in due course of business, and that if said last-named company had not delivered same to plaintiff, then it had converted same to its own use, praying that in the event it should be adjudged to pay therefor that it have judgment in its favor over against the Gulf, Colorado & Santa Fé Railway Company for whatever sum it might be so held to pay. The latter company answered, denying its liability, alleging that it never received said cotton from its codefendant the Ft. Worth & Rio Grande Railway Company; but that if plaintiffs should recover against it, then it prayed for a judgment over against the Ft. Worth & Rio Grande Railway Company for whatever sum may be so adjudged against it. There was a jury trial, resulting in verdict and judgment in favor of plaintiff against both companies for the sum of $4,312.10, and in favor of the Ft. Worth & Rio Grande Railway Company against the Gulf, Colorado & Santa Fé for $2,990.65, and in favor of the latter company against the Ft. Worth & Rio Grande Railway Company for the sum of $1,324.45, from which judgment the Gulf, Colorado & Santa Fé Railway Company alone has appealed, urging, first, error in the refusal of the court to give its special charge, to the effect that as to the liability between the two defendants the burden of proof was upon the Ft. Worth & Rio Grande Railway Company to show that it delivered the cotton in question to its codefendant the Gulf, Colorado & Santa Fé Railway Company.
The only issue submitted to the jury was with reference to the respective liabilities of the two defendants to each other. Upon this subject the court charged the jury, in effect, that, if the Ft. Worth & Rio Grande Railway Company delivered to the Gulf, Colorado & Santa Fé the cotton in question for...
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Texas Employers' Ins. Ass'n v. Galloway, 7599.
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O'Brien v. McDow
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