Gulf, C. & S. F. Ry. Co. v. Shelton

FAILURE TO FILE BRIEF. Syllabus the same as in No. 4117, Midland Valley Ry. Co. v. Robert Horton, ante. (Syllabus by Devereux, C.)

Error from County Cpurt, Qcurvin County; W. B. M. Mitchellj Judge. Action by J. W. Shelton against the Gulf, Colorado & Santa Fe Bailway Company. Judgment for plaintiff, and defendant brings error. The plaintiff, in his petition, claims that on the 24th day of February, 1910, be delivered to the defendant, at Wynnewood for transportation to Dallas, a shipment of household goods, and when they arrived they were damaged in the sum of $121. The defendant filed an answer in substance stating that the shipment moved under a contract in writing, which was attached to and made a part of the answer, and that by the terms of the contract, which was for a good and valuable consideration, it was provided that the shipper agreed and’ represented that the value of the goods so shipped was not in excess of $10 per hundredweight, and that this represented the value of the goods, and that the goods injured did not weigh in excess of 200 pounds. The defendant tendered the sum of $20 and costs, which was refused, and judgment was entered in the court below for the sum of $100 and costs.