Houston & Texas Central R. W. Co. v. Adams

Citations

• 49 Tex. 748

Syllabus

<p>. 1. Responsibility of railway for delivery of goods.—A railway company, as common carrier, is responsible for the delivery of goods shipped by it to the consignee; and the company is liable on delivery to any one else.</p> <p>2. Change of liability by railway to that op warehouseman.—The statute (Paschal’s Dig., 445) altering the liability from that of common carriers to that of warehouseman, does not apply where no effort was shown to notify the consignee of the arrival of the goods shipped.</p> <p>3. Limitation.—The statute of limitations will not run, in the absence of knowledge on part of the owner of the conversion of his goods, until a reasonable time elapses for ascertaining the facts.</p> <p>4. Same—Fact case.—Where goods were improperly shipped from Brenham, Texas, on 23d January, 1871, and were lost; the owner was residing near Bremond, in Texas, and brought suit February 6, 1873, there being no evidence of his actual knowledge: Held, That a verdict for plaintiff, disregarding the plea of two years’ limitations, was properly found.</p>