Fort Worth & Denver City Railway Co. v. Shanley

Citations

• 81 S.W. 1014
• 36 Tex. Civ. App. 291
• 1904 Tex. App. LEXIS 220

Syllabus

<p>1. —Carriers—Connecting Lines—Injuries to Freight—Burden of Proof.</p> <p>Where freight has been transported by successive carriers and it is damaged en route, and the evidence fails to show on what particular line the injury occurred, the presumption of law is that it occurred upon the line of the last carrier through whose hands the freight passed.</p> <p>2. —Same—Charge Not Applying the Rule.</p> <p>In an action against two connecting carriers for damages to horses occurring on a through shipment over their lines the court correctly charged that the burden was on plaintiff to show that the injury did not occur on the terminal line, but erred in further instructing that in case the jury found there had been a want of proper care in the transportation of the horses, but were unable to determine which defendant failed to exercise the required care, the burden was on each defendant to show that such failure did not occur on its line.</p>