The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-06-26
IN The RAILWAY WORLD.
important Decisions by the Cour,
OF Civil Appeals.
MAY ROUTE SHIPMENTS,
Fart OF the Charter Rights Of the Calves.
ton and Western Forfeited shin.
meut Over Gulf and Interstate.


nous case of lnman & Co. VS.. ,be 8,
Louis Southwestern Railway conpanv Of
Texas. from Harris county. the cour. of
civil appeals this morning entered the fol.
| lowing order;
| Judgment OF d'slric. court reversed.
judgment rendered for plaintiffs far
S2?2a7S and interest at 6 per cent fran no.
sobor 81, 1884, actual damages. ,ba,
piaih'ins recover no exemplary damages:
cause remanded for new trial MS to ac-
tion fAr penalties under section ID OF
railroad commission laws"
The opinion has not yce been filed.
This Is case In which the Texas ,ines
ana shippers are greatly interested. 1t
| involves the question as to whether the
| shipper may select tho route over which
MS consisnments may pass or whether
originating line. The main prop stion
grows out of the contention by Inman Il
20. mat the .rairoad commissions
through rate applies, in a proper case. as
well where the shipper asserts the rght
OF tssigra'irg the connecting line over
which the freight Is TO pass TO dcs,na-
we railroad company contends that the
through rate Of III. commission applies
only where he connecting line IS ieft 10
be determined by the initial carrier.
rho admitted facts in this c1sc wore
the validity of the railroad commission
Of Texas; the fact that the st. Louis
Sohlnwes torn Railroad company operated
as a common carrier through tho towns
Of Corsicana. Blooming Grove. Powell and
Frost; the fact that the Houston and
Texas Central railroad operated as a
common carrier through Corsicana and TO
penison and Houston: that on August II
lSi; the railroad comnrssion after due
,arff No. /: that sad stations OF Powell.
Frost and Blo.ming Grove are more than
l2S miles north of Houston; and that said
ihe, defendant Railroad company. after
such rates and regulations were cstab-
,ismfd and l psnn?mnlsatsd hmt prior to san-
and TEXAS Cegtral Ralrosd. company that
lpen all Houston cotton delivered to II "a,
Corsi,ana and o.her intersectfrg points it
would allow said Houston and Texas
Central Railway company 80 cents ner
lll pounds. a like agreement existing be
tween defendant company and its other
tional AMI Great Northern Railway com
rhnN the Missouri, Kansas and Texas
Railway company. tho San Antonio ana
Ar3nsas Pass Rallway. company and ne
company the defendant company retain
Ing the balance of the rate; thni plain
tihs Inmarn &. Co. were engaged in buy
ing and selling c2Hcn through agents a,
various Texas points. including. those
aforesaid: that in SepHcmbcr 1894. plain
t'Ts' agent shipped a large number. OF
order at Houston; that abou, the same
kline they had a large amount of uncom-
pressed cou,an AT Powell. Frost and
blooming Grove, which was rendered to
said defendant company FIR shipment 90
Houston. plaiu'iffs by their aaent d.
iectine defendants agent to route sane
Houston and Texas Central railroad II
Houston at the rate of - cents per 100
pounds; that defendants agent thou and
,heie, without waving any. tender OF
freight charges IN advance, refused to re-
ceive said coiton under such direction
of routing az. the rate named. or TO re-
the cotton was thoroipan ''localed' to
Gorscan at i cenr per io bo"n1d1 s;,! ANA
and Texas Central railway at the local |
rate OF 50 cents per 100 pounds.
Additional evidence was ,ntrodnoed 70
the shortest that owing 70 the delays ~
shipment and the depreciation Il coi'nn t
in price the rlan-ffs lost is s-c pfiGis Sy..
on hauling the cotton away from the de-
pot after first dnctncd for shipment s22'.'5
There was n conflict in the testimony.
company tcstifyng that they offered to
carry the cotton yia Corsicana; prH'y,,deI
The routing was loft ont Of the. bill Of
iadirg. lie also testified that the locnl
had violated distractions hut the appel
lants introduced testimony 10 show thai
Tntilnt, II SNnfllpNS nlN III thfl llls'ilc' |
10 come from the general freight ofiite;
Touching the question OF eAompaty
damages Testimony was introduced -
show that n commercial agent Of the de-
a rpl,, s''"'' yerv. very ncey. if NY
Mould route their New orleans cotton Owe
his line, but If nc, would make 1t az
"rgly" for appellants as possible.
The defendant company contondtd that
there Was a blockade at Cnrsicuna ana
thcy had refused TO rou'e way after taking
The appellants contcnded MAT theie waa
no element Of contra,tnal liability II their
demand fer routing the cotton via CIR
was the rate hxod by the railroad COM
and that it implied no duty upon
defendant further than carrying the Coy
tho houston and Texas Central railway.
the mention Of the route having no cie-
nent of tiocush carnage.
Tho appellants conlendeo ihat ~ they
had the rlshi to send freight by any ion'e
they pleased, before the enactment of the
raiiioud commission law, uIon tho ray
right, since the commission hal il%ed
through rates They also contendod ana
Inc oxistenco. ~ = blockade in HOUSTON IN
Tho international aud Great Northern
yards. via which route the defendant com
pany proposed to send their cotton.
The railrcad company contends hat lher
Kind of bill of lading they demanded and
hat they had the right TO reserve the
outing Of the cotton.
Section Is of the railway comrliss 2a
aw. uIOn which the case Is remandcd Tor |
rial on the question of penalties, Is as
tollsws, the appellants relying particularly
lp0n section Dbl
"if any railway company subject hereto
lircctly or indirectly or by any special
ate. rebate. drawback or other "aNic"
shall charge. demand, collect or receive
rom any person. firm or corporation n
-reater or Loss compensation for any seiv-
90 rcnds cd by It than charges de-
nanas collects or receives from any o'hei ,
lcrson firm or corporation FIR doing 'ik,
:srvice. such railroad shall he deemed
guilty OF unjust Dissemination. which IL
lercby prohibited. ,,.,.
az II shall also be an unjust discrim-
nation fer any such railroad e. make or
live any unGuo or unreasonable prefer-
nee or advantage to any particular pC- ,
on, company, Dfm. corporation or local ,
~ or to subject any particular desciip- ,
ion OF traffic to amy undue or unroason-
IN Irejudicc. delay or Disadvantage III
my resneCi whatsoever.
d. Every railroad company. which fails
n refuses under such regulations ms may
70 prescribed by the commission, TO re-
eivc and transport, without delay "a hls, {
iii ma SSengpr-. tonnage ana l =