4 Willson 28 | Tex. App. | 1889
Opinion by
§ 8. Common carriers; penalty against for failure to deliver goods recoverable; case stated. Appellant, a merchant at Mt. Selman, a station on appellant’s line of railway in Cherokee county, shipped from Galveston, Texas, to said station certain packages of merchandise, prepaying the freight charges thereon, and receiving from appellant’s connecting line of railway at Galveston a through bill of lading for said goods. When the goods reached Tyler en route to Mt. Selman, appellant refused to deliver the same to appellee unless he would pay additional freight charges. Appellee refused to pay such additional charges, and demanded that the goods be delivered to him, informing the agent- of appellant at Tyler that he had prepaid the freight charges at Galveston, and exhibiting to said agent his receipted freight bill. Said agent still refused to deliver said goods, and continued to so refuse for seventeen days after said demand. Appellee brought this suit under article 4258a,
Appellant had no depot or station agent at Mt. Selman, and its custom was to deliver freight destined for that place from its depot at Tyler, the conductors on its trains from Tyler to Mt. Selman performing the functions of freight agents at Mt. Selman. It was proper, therefore, we think, for appellee to demand his goods of appellant’s agent at Tyler, where said goods were being detained. Believing that therefis no error in the judgment, it is
Affirmed.