Nast v. San Antonio, U. & G. Ry. Co., (No. 3815.)

CourtSupreme Court of Texas
Writing for the CourtGerman
Citation261 S.W. 1011
PartiesNAST v. SAN ANTONIO, U. & G. RY. CO. et al.
Docket Number(No. 3815.)
Decision Date14 May 1924
261 S.W. 1011
NAST
v.
SAN ANTONIO, U. & G. RY. CO. et al.
(No. 3815.)
Commission of Appeals of Texas, Section A.
May 14, 1924.

Page 1012

Error to Court of Civil Appeals of Fourth Supreme Judicial District.

Action by Jerome Nast against the San Antonio, Uvalde & Gulf Railway Company and another. Judgment for plaintiff reversed and rendered by Court of Civil Appeals (240 S. W. 596), and plaintiff brings error. Judgments reversed and remanded.

Jno. C. Scott, of Corpus Christi, for plaintiff in error.

Kleberg, Stayton & North, of Corpus Christi, for defendants in error.

GERMAN, P. J.


Plaintiff in error, Nast, recovered a judgment in the district court of Nueces county, Tex., against defendant in error James C. Davis, Agent, for $1,060, the value of a trunk and its contents alleged to have been lost while being transported by the San Antonio, Uvalde & Gulf Railway Company and its connecting lines. This judgment was reversed and rendered by the Court of Civil Appeals in favor of defendant in error, except that plaintiff in error was permitted to recover the sum of $100. 240 S. W. 596.

At the time the trunk was shipped and lost, the line of road and the properties of the railway company named above were under the authority of the United States Railroad Administration and were operated by it. The decision of the Court of Civil Appeals was based upon the proposition that under the rules and regulations of the Railway Administration each adult passenger could check free of charge 150 pounds of baggage, not exceeding $100 in value, and unless a greater sum was declared by the passenger and charges paid for excess value at the time of delivery to the carrier, no claim for a greater sum than $100 could be sustained, and that such regulation applied to intrastate shipments. In this respect the decision followed the case of Payne v. McConnell (Tex. Civ. App.) 234 S. W. 942. We have had that case under consideration with this one, and the question of the right of the Railway Administration to make rules and regulations affecting intrastate service, which would suspend for the time being article 708 of our state statutes, has been determined in that case. That question is not involved here, as this was unquestionably an interstate shipment, and concededly rule 10 of baggage tariff No. 25 — 2, under which defendant in error sought to limit liability, applies to interstate transactions. This rule is identical with the rule which has been applied to interstate service for years. Plaintiff in error's wife, who owned the trunk, resided at Pittsburgh, Pa. Desiring to make a trip to San Diego, Tex., she purchased a ticket from Pittsburgh to San Antonio, and had her trunk checked to that place. On reaching San Antonio she bought another ticket over the San Antonio, Uvalde & Gulf Railway to Corpus Christi. At San Antonio she surrendered to the agent her baggage check and received another one, leaving it to the agent to recheck the trunk when it arrived at San Antonio. With reference to her intention she testified:

"When I left Pittsburgh on September 11, 1919, it was my...

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6 practice notes
  • American Transfer and Storage Co. v. Brown, No. 19598
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 12 Abril 1979
    ...determination of the damages. First Nat'l Bank v. Fite, 131 Tex. 523, 115 S.W.2d 1105, 1110 (1938); Nast v. San Antonio, U. & G. Ry., 261 S.W. 1011, 1013 (Tex.Com.App.1924, holding approved); Baldwin v. Willis, 253 S.W.2d 287, 294 (Tex.Civ.App. Beaumont 1952, writ ref'd n. r. e.). Since the......
  • Greyhound Corporation v. Stevens, No. 4059
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 1 Julio 1966
    ...liability was limited by the tariff to two and one-half times the limited amount. In Nast v. San Antonio, U. & G. Ry., (Com.App.), 261 S.W. 1011, it was held that a baggage tariff limiting liability was admissible in evidence and determined the amount of recovery by the passenger for lost b......
  • Basin Operating Co., Ltd. v. Valley Steel Products Co., No. 20504
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 20 Julio 1981
    ...trial court. First National Bank of Wichita Falls v. Fite, 131 Tex. 523, 115 S.W.2d 1105, 1110 (1938); Nast v. San Antonio, U & G Ry., 261 S.W. 1011, 1013 (Tex.Comm'n App. 1924, holding approved). When the evidence was excluded, Valley had no duty to rebut it and we do not know what rebutta......
  • The Leader v. Elder Mfg. Co., No. 1470-5708.
    • United States
    • Supreme Court of Texas
    • 10 Junio 1931
    ...105 S. W. 1113; Abbott Oil Co. v. San Antonio Brewing Ass'n, 104 Tex. 574, 141 S. W. 517; Nast v. S. A. U. & G. Ry. Co. (Tex. Com. App.) 261 S. W. 1011. It is also equally well settled in this state that where an attachment of property replevied by defendant is quashed, the bond should be d......
  • Request a trial to view additional results
6 cases
  • American Transfer and Storage Co. v. Brown, No. 19598
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 12 Abril 1979
    ...determination of the damages. First Nat'l Bank v. Fite, 131 Tex. 523, 115 S.W.2d 1105, 1110 (1938); Nast v. San Antonio, U. & G. Ry., 261 S.W. 1011, 1013 (Tex.Com.App.1924, holding approved); Baldwin v. Willis, 253 S.W.2d 287, 294 (Tex.Civ.App. Beaumont 1952, writ ref'd n. r. e.). Since the......
  • Greyhound Corporation v. Stevens, No. 4059
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 1 Julio 1966
    ...liability was limited by the tariff to two and one-half times the limited amount. In Nast v. San Antonio, U. & G. Ry., (Com.App.), 261 S.W. 1011, it was held that a baggage tariff limiting liability was admissible in evidence and determined the amount of recovery by the passenger for lost b......
  • Basin Operating Co., Ltd. v. Valley Steel Products Co., No. 20504
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 20 Julio 1981
    ...trial court. First National Bank of Wichita Falls v. Fite, 131 Tex. 523, 115 S.W.2d 1105, 1110 (1938); Nast v. San Antonio, U & G Ry., 261 S.W. 1011, 1013 (Tex.Comm'n App. 1924, holding approved). When the evidence was excluded, Valley had no duty to rebut it and we do not know what rebutta......
  • The Leader v. Elder Mfg. Co., No. 1470-5708.
    • United States
    • Supreme Court of Texas
    • 10 Junio 1931
    ...105 S. W. 1113; Abbott Oil Co. v. San Antonio Brewing Ass'n, 104 Tex. 574, 141 S. W. 517; Nast v. S. A. U. & G. Ry. Co. (Tex. Com. App.) 261 S. W. 1011. It is also equally well settled in this state that where an attachment of property replevied by defendant is quashed, the bond should be d......
  • Request a trial to view additional results

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