Houston & Texas Central Railway Co. v. Harn

Citations

• 44 Tex. 628

Syllabus

<p>1. Pleading—Common carrier.—In an action against a common carrier for failure to deliver articles shipped, to which the defendant pleaded a general denial and the loss of the articles by the act of God: Held, That the defendant could not prove under the pleadings that the plaintiff had released the contract for shipment of the articles, or that there was but a partial loss. Such defenses should have been pleaded.</p> <p>2. Charge.—A party cannot, on appeal, complain of the failure of the court below to give a charge to the jury not asked by him, nor where the attention of the court was not called to its omission.</p> <p>3: Common carrier.—An action will lie against a common carrier for the non-delivery of property at its destination, although partially injured, and that by act of God. Such defense, if the property had been tendered or delivered, would only have gone in mitigation of damages.</p>