HAMILTON v. HERRIN TRANSPORTATION COMPANY

No. 3770.

343 S.W.2d 300 (1960)

J. R. HAMILTON, d/b/a Hamilton Cartage Company, Appellant, v. HERRIN TRANSPORTATION COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 19, 1961.


Attorney(s) appearing for the Case

C. M. McDonald, Waco, for appellant.

Ralph W. Pulley, Jr., Dallas, for appellee.


WILSON, Justice.

Appellant entered into a commission agency contract with appellee under which appellant was to pick up freight tendered to appellee in Waco for transportation, and issue bills of lading in the latter's name. The contract contained a provision by which appellant indemnified appellee against loss "on account of destruction or damage to freight caused by, or resulting from any act or omissions, negligent or otherwise," of appellant.

Under this...

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