168 S.W. 1028 | Tex. App. | 1914
The only serious error presented by the assignments is, we think, that of excessive verdict under the facts in the record. The evidence showed admittedly that at the time the shipment was tendered to the consignees, and by them refused, there was not a total or substantial destruction, but only a partial injury, to part of the contents of the car. This fact being true, neither the consignees, as owners, nor the shipper, in virtue of the contract of shipment, was justified in abandoning the shipment and charging the carrier the full value. Railway Co. v. Everett,
It is suggested that the instruction complained of in the eighth assignment is not to be understood as being approved as correctly measuring appellants' liability under the facts in this record.