Skip to main content
· 1/27/1903

Texas & P. Ry. Co. v. Cau

Citations

  • 120 F. 15
  • 57 C.C.A. 35
  • 1903 U.S. App. LEXIS 4456

Syllabus

<p>1. Carriers — Stipulation Exempting prom Liability por Fire — Agreement not to Enforce — Consideration.</p> <p>Act of a consignor of cotton in giving up insurance thereon in his favor, and taking out a policy in favor of the carrier, fully protecting it from loss or destruction by fire, constituted a valuable consideration for a promise on the part of the carrier not to insist on a provision in the bill of lading exempting it from liability for loss or damage by fire.</p>

How courts have described this case

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

  • striking affirmative defenses that were insufficiently pled but granting 14 days to replead with adequate facts
  • striking affirmative defenses that were insufficiently pled but granting 14 days to replead with adequate facts
  • striking defense of bona fide error where there was “no indication whatsoever of what that error might be”
  • granting motion to seal “potentially sensitive financial information”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.