Gulf, Colorado & Santa Fe Railway Co. v. McCorquodale

Citations

• 71 Tex. 41
• 9 S.W. 80
• 1888 Tex. LEXIS 1097

Syllabus

<p>1= Act of God—Common Carrier.—In an action against a railway company for damages, for failure to furnish ears, and to receive and transport cattle, the contract being that the cattle should be received on May 19.1884, and delay was made until May 33, and a break was caused in the track on May 31, by a violent rain storm, the break being at a place which would have been passed had the cattle been shipped at any time before the morning of the twenty-first of May; Held, that the break in the track on twenty-first, after the breach of contract, was no defense to the action; and that the railway company was liable for ail damages caused by its breach.</p> <p>2. Testimony not Relevant.— It was irrelevant upon the question of damages to show that the plaintiff had contracted for the sale of the cattle at their destination, and that they were refused, because not such as had been represented, and not for or on account of their condition. Such testimony did not tend to show the amount or limit of damages suffered.</p> <p>3. Same — Immaterial.—It was not material error to admit testimony that the defendant company had an ample supply of ears empty and idle at a station near the point of shipment. The defendant having pleaded and introduced testimony tending to show a crowded condition of business at the time, on the road.</p>