Wells, Fargo & Co.'s Express v. Fuller

• Decision Date: 20 May 1896
• Citation: 35 S.W. 824
• Parties: WELLS, FARGO & CO.'S EXPRESS v. FULLER.
• Court: Texas Court of Appeals

35 S.W. 824

WELLS, FARGO & CO.'S EXPRESS v. FULLER.

Court of Civil Appeals of Texas.

May 20, 1896.

Appeal from district court, Lamar county; E. D. McClellan, Judge.

Action by B. F. Fuller against the Wells, Fargo & Co.'s Express. There was a judgment for plaintiff, and defendant appeals. Affirmed.

Alexander, Clark & Hall, for appellant. Dudley & Moore, for appellee.

KEY, J.

In September, 1889, and for a series of years prior thereto, appellee lived in the town of Paris, in Lamar county, Tex. On the 22d or 23d day of said month, Dixie Fuller, a grown son of appellee, died in Phœnix, Ariz. On the 27th day of same month, appellee, by his agent, T. A. Fuller, contracted with appellant for the shipment of the body of Dixie Fuller from Phœnix, Ariz., to Paris, Tex., for a consideration of $91.40, paid in advance. This contract was reduced to writing in the following form: "Wells, Fargo & Co.'s Express. (Read the conditions of this receipt. Express charges do not include duties nor custom-house expenses, which must be guarantied by shipper.) Phœnix, Arizona, Office, Sept. 27, 1889. Value of $____. Received from B. F. Fuller, corpse, valued at $____, addressed, `B. F. Fuller, Paris, Texas,' which we undertake to forward to point nearest designation reached by this company, on these conditions, namely: That Wells, Fargo & Company shall not be held liable for loss or damage, except as forwarders only, within their own lines of communication, nor for any loss or damage by fire or casualties by navigation and inland transportation (unless specially insured and so noted herein); nor of such as can be referred to the acts of God, the restraints of government, riot, insurrection, piracy, or hazards of war; nor for default, neglect, or mishap on the part of any connecting or intermediate line, individual, corporation, or association, to whom said property may be transferred for further transmission; nor for an amount exceeding fifty dollars of any shipment, unless its true value is herein stated; nor for any amount on goods not properly packed and addressed; on fragile fabrics, unless plainly marked as such; nor on articles consisting of or contained in glass. That in respect to C. O. D. goods, if delivery cannot be made in 60 days after consignment, this company may, at its option, return the same to consignor, who shall pay transportation thereon both ways; the liability of this company on goods pending such action, and while in its custody, to be that of...