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Art. 4498 Tex. Rev. Civ. Stat. provides that the application for cars shall state the number of cars desired, the place at which they are desired and the time they are desired; provided that the place designated shall be at some station or switch on the railroad.
The defendant shippers filed with the plaintiff railway's local agent an application for eight stock cars to be furnished on a specific date. The cars were delivered late, and the shippers brought suit to recover actual damages and statutory penalties for the delay. The trial court ruled in favor of the defendants, and a further sum of money as a penalty.
Were the plaintiff shippers entitled to damages for the late delivery of railroad cars?
They were entitled to damages for the late delivery of railroad cars where under the applicable statute the shippers were permitted to name the day on which they wanted the cars delivered. It was manifest that the legislature intended to authorize the shipper to name the day on which he would have the cars delivered, subject only to the qualification that the company should have had at least the number of days designated by the statute.