The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1895-12-14
SUPREME COURT.

Austin, Texas. December 12.--Following
is an opinion delivered by the supreme
court today:
GUILE. COLORADO. AND SANTA FE
RAILWAY COMPANY vs. j. y. stan
railway company for injuries inflicted
on cattle while n shipment, trom Lam
pasas county Third district--AiI a,
OF defendant below knew for whom the
cattle were shipped or not. for, the princl-
pal tn ne c9m'sast wnfthe sp s s,s So Fl
t1S Texas. y. g6)
9 At Is insisted however. that. s.nce the
testimony showed that the cattle were not
shipped for immediate sale but were to
he put upon pastures nnd fattened and
then sold the court erred In charging the
jury that the measure of the PLAINTIFF
damages was the difference between the
market price of the cattle In the condi-
ton In which they were delivered at the
point OF destination and what their mar
ket price would have been Mt that point
had they been carefully cared for during
the trip, and that It also erred in refusing
charge TO the effect that the plaintiff
was entitled only 10 recover the amount
of the additional expense to which he was
subjected, by reason of their injuries In
preparing them for market
We think that the charge gave the cor
rect measute OF damages We see noth-
Ing in this Case 70 take 1t out OF the ordi-
( larry rule. on L. $, p. 59l) 1t Is true
that markct value Is a matter of opinion
aud that testimony as TO value In such a
case may be somewhat speculative aud
unsatisfactory. but we do not see that
the rule insisted upon by plaintiff In error
would have led to more satisfactory re-
suit.
g. The contract OF shipment contained
stpulations limiting the company liza
| billy to hs own line.
The court did not err In refusing the
special charges limiting the damages TO
such as occurred while the cattle were
In the possession OF the defendant conf
pAny. because, under the general charge
no other recovery was authorized
l. me contract Of shpmcu, also contain
ed stiPulauons requiring the shipper to
give notice TO the company Of any damage
that might accrue to the cattle. and also
hat he would bring his suit therefor with
In forty days.
In order 10 he valid such stlpulations
must be reasonable. N the time the cat
Tie were reshpped at Pursel the plaintiff,
aceording TO his own testimony, knew
that his cattlc had been crowded In pens
md had suffered for the want OF food
and water, bur did not know the extent Of
his damages Undcr the circumstances he
could at most have made only a vague
complaint. which would have subscr, ed
/ no useful purpose to either party. II the
contract Is TO be construed AS requiring
must be held to be unreasonable.
/ The stipulation as to the rwe within
/ which suit should be brought and citation
/ served is also unreasonable. tS1 Texas,
/ 2ll)
Opinion by Gaines c. ].
! SECOND sUPh, ME pIsTR1CT.
| Fort Worth Texas, December lS.--The
following proceedings were had in the
'lytl court CT appeals for the Second judi
/ -.l, district today:
Motions Submlucd-F. C. Taylor vs..
! y. y. bOerrer, FOR rtuearing; American
| Fire Insurance company ct al v. \. >
! reut,r for lehearirg. CIT Zens' Insurance
caring; Phoenix Assurance company VS.
| \. J. Center, for rchcaring, Firemcn's
/ FUud Insurance company -. \. j, Cen
| er. for reheaiing. Home Insurance com
! panY vs.. \. j. Center tor rehcaring
/ American Fire insurance. company "
A. j. Center, for rchoaring; Pennsylvania
/ Fire Insurance company VS.. y. j, Gem
GER, for rchoarlng, Liverpool 4 LOrdDu
and CODE Insurance company We. i.
!. Center, Tor reneafing James Muirhedd
IS. city National bank Of Fort Worth.
to q smiss appeal; c. Il. Graves vs.. Henry
Holm, for conclusions OF Jaw and fact;
L; II. Noss vs.. c. V. Terrell, motion to
advance.
Motions Decided-Traders National
bank W. S. NJ Fry, trustee, ct al to file
- NJ q Bntler ct al fot rehearinng, re
Taylor, for rehcarinE, granted; O. :. VIII
Jams et al VS.. Levi Walker ct a., to file
record refused; Charles Prunes ct al vs.
Mrs N. X. Britton ct al, to submit on
vs.. T, u. Bucl ct a., to substitute tran
script, refused