The Encyclopedic Digest of Texas Reports (Civil Cases): Being a ..., volume 3

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The Encyclopedic Digest of Texas Reports (Civil Cases): Being a ..., volume 3
Thomas Johnson Michie
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— The answer to a complaint against a carrier for damages to cattle for delay in furnishing cars after de- mand, sufficiently pleads excuse by alleg- ing that the rush of business and demand for cars had been so unusual, unex- pected, and unprecedented that de- fendant did not and could not, in the exercise of any degree of care and foresight whatever, have expected and anticipated the same, and it did not have, and could not have had, at its command, cars to meet the demand for cars and transp...ortation of freight as made all along its line in the or- der made. Wallace v. Pecos & N. T.
Ry. Co., 50 Tex. Civ. App. 296, 110 S. W. 162.
Averments as to Carrier Having Fa- cilities for Feeding and Watering. — In an action against two railroads for negligence in transporting plaintiff's cattle, the petition alleged that defend- ants had not exercised proper care in the construction of their water tanks, pipes, troughs, etc., for watering st( ck. Each defendant's answer set forth its agreement to stop the cars in which the cattle were shipped, at any of its stations, for watering and feeding, wherever it had facilities for an answer setting up no^jperformance so doing.


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