Houston & Texas Central Railway Co. v. Hodde

Citations

• 42 Tex. 467

Syllabus

<p>1. Common carriers.—Charge of court. In a suit against a common carrier for damage to cotton bales, and where tlie issue is, whether the cotton bales were received or in effect delivered to defendant, and where the testimony on such point is conflicting, it is error in the court in the charge to the jury to call attention to evidence about which there could be no doubt, and instruct that such facts prove a delivery, and the consequent liability of defendant.</p> <p>2. Delivery to a common carrier. The placing cotton on the wagon or car of a carrier, or near his boat or warehouse, is not a delivery, unless some regulation of the carrier or custom existing between the carriers and the public makes it otherwise, or notice is given to the carrier, or his agents or authorized servants.</p>