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· 7/1/1874

R. Knight & Co. v. Southern Pacific Railroad

Citations

  • 41 Tex. 406

Syllabus

<p>1. SpecialIssues.—Only snch should be submitted to the jury as arise out of the pleadings, and upon which the judgment of the court depends; and the jury should have sueli instructions upon them as maybe appropriate and necessary to aid them in reaching their conclusion.</p> <p>2. Overcharge for freight by railroad company.—The rate for freight to which the Southern Pacific Railroad Company is limited by its charter has no reference to any road except that which the company is authorized to build and operate in Texas; and a charge of freight, in excess of the limits prescribed by its charter, over a road which, the company owns and operates out of Texas, would be no violation of the provisions of its charter.</p> <p>3. Limit of effect of statute on charges by railroad.—A charge for freight from Shreveport, La., to the Texas line, in excess of the limits of the charter of the Southern Pacific Railroad Company, is not a violation of such charter, nor does an action arise from such overcharge.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • allowing State to amend enhancement paragraph over defense objection was, at worst, harmless error
  • cocaine found on passenger seat of car after passenger was removed was sufficiently linked to passenger
  • “By waiving the opportunity to object, the defense counsel was able to present a different perspective of the situation.”
  • mem. op. not designated for publication

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore

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