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

Citations

• 68 Tex. 314
• 4 S.W. 567
• 1887 Tex. LEXIS 688

Syllabus

<p>1. Common Carriers.—A railway company is bound, as a common carrier, to receive and transport live animals, when offered for transportation from one point to another in Texas, as other property, and is liable, after receiving them, as an insurer against loss from any cause, except the act of Grod or of the public enemy, the act of the owner of the stock, or the vicious propensities or inherent character of the animals. This liability a railroad company can not limit by special contract, even in regard to matters concerning which it might legally contract at common law.</p> <p>3. Common Carrier.—Since the statutes do not forbid the making of a contract prescribing a time after which a fixed liability incurred by a common carrier shall not be enforced by suit, the only limitation on the validity of such a contract, when made on sufficient consideration, is that it be reasonable as to the period of time stipulated. See opinion for such a contract held to have been reasonable.</p>