Texas Cent. R. Co. v. O'Laughlin

• Decision Date: 21 February 1903
• Citation: Texas Cent. R. Co. v. O'Laughlin, 72 S.W. 610 (Tex. App. 1903)
• Parties: TEXAS CENT. R. CO. v. O'LAUGHLIN et al.
• Court: Texas Court of Appeals

72 S.W. 610

TEXAS CENT. R. CO. v. O'LAUGHLIN et al.

Court of Civil Appeals of Texas.

February 21, 1903.

Appeal from district court, Eastland county; N. R. Lindsey, Judge.

Action by P. C. O'Laughlin against the Texas Central Railroad Company and others. From a judgment in favor of plaintiff against the Texas Central Railroad alone, it appeals. Reversed as to appellant, and affirmed as to the other defendants.

Warren & Webb and Clark & Bolinger, for appellant. J. M. Wagstaff, for appellee Texas & Pac. Ry. Co. J. R. Stubblefield, for appellee Missouri, K. & T. Ry. Co. W. P. Sebastian and J. H. Calhoun, for appellee O'Laughlin.

SPEER, J.

This is an appeal by Texas Central Railroad Company from a judgment rendered against it in the district court of Eastland county in an action by P. C. O'Laughlin for damages to a shipment of cattle alleged to have resulted from the negligence of appellant in failing to properly bed the cars in which said cattle were shipped.

From a careful reading of the testimony contained in the record we conclude that the judgment should be reversed because of the trial court's refusal to submit the special charge requested by appellant upon the issue of estoppel. The charge is as follows: "If you believe from the evidence in this case, that the plaintiff, at Albany, Texas, did undertake to give directions as to the bedding of said cattle at Albany to Texas Central Railroad Company and its agents, and did supervise and direct said agents as to the bedding of said cattle at said point; and if you further believe that the plaintiff did state and make known to the agents of said defendants at Albany, Texas, that the bedding of said cars was satisfactory to him, and did authorize, direct, or load said cattle into said cars at Albany, Texas—then, and in this event, you will find for the defendant Texas Central Railroad Company as against the plaintiff, notwithstanding you may also find that said cattle did sustain damages on account of said cars not being properly bedded." That defense was pleaded by appellant in the following language, viz.: "This defendant, further answering herein, alleges that, if the cars furnished by the defendant to plaintiff were improperly bedded, as plaintiff alleges (which is not admitted, but denied), defendant says that the plaintiff was present at the time when said cars were bedded by the defendant, and plaintiff expressed his satisfaction with the bedding of said cars, and agreed to accept them as sufficiently...