Missouri, K. & T. Ry. Co. of Texas v. Wallis

• Decision Date: 09 December 1896
• Parties: MISSOURI, K. & T. RY. CO. OF TEXAS v. WALLIS.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

38 S.W. 357

MISSOURI, K. & T. RY. CO. OF TEXAS v. WALLIS.¹

Court of Civil Appeals of Texas.

December 9, 1896.

Appeal from Fayette county court; W. S. Robson, Judge.

Action by John Wallis against the Missouri, Kansas & Texas Railway Company of Texas for injuries to a shipment of cattle under a contract of carriage. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Brown, Lane & Jackson, for appellant.

NEILL, J.

This case originated in the justice's court, and was brought by appellee against appellant to recover damages for the injury of three head of cattle delivered by appellee at Cuero to the San Antonio & Aransas Pass Railway Company to be carried to Waco, and from thence transported over the road of appellant to Chicago, Ill. There is no evidence tending to show that the cattle sustained any injury while in the hands of the initial carrier. The court found from the evidence that they were so badly injured, either in transit between Waco and Denison, or in unloading them at the latter point, that they could not be reloaded, and were left there in the company's pens, where, after a few days, they died. This finding shows the injury occurred while the animals were in the possession of appellant under its contract of carriage, and the testimony is amply sufficient to support the conclusion. It was not obligatory on the court to designate in its finding the point on the road where the injury occurred. Its occurrence on appellant's line was sufficient. To our minds, the evidence disclosed by the statement of facts is fully sufficient to show that the cattle were injured through appellant's negligence in unloading them at Denison. So appellant has, from this court, a specific finding, which it is our province to make, the cause having been tried without a jury, as to where and how the injury occurred. The judgment is affirmed.

1. Rehearing denied.