International & Great Northern Railroad v. Moody

Citations

• 71 Tex. 614
• 9 S.W. 465
• 1888 Tex. LEXIS 1195

Syllabus

<p>1. Lease oe Railroad.—Without consent of the Legislature, a railway-company cannot lease its track, and thereby absolve itself from its obligations to the public.</p> <p>2. Limiting Liability.—A clause in a through bill of lading, exempting the carrier “from damages or loss by fire while in depot,” made in the State of Tennessee by a connecting road, being illegal in Texas, will not be passed upon in absence of allegation and proof that such limitation was legal where executed.</p> <p>3. Incompetent but Immaterial Evidence.—Where a fact is not disputed, or is well established by competent testimony, the admission of incompetent testimony which is immaterial and which could not have had any influence upon the jury, is no cause for reversal.</p>