Lowery v. McCrary Transfer & Storage Co.
Lowery v. McCrary Transfer & Storage Co.
Opinion of the Court
Appellee was engaged in the storage business for hire, and appellant stored with it certain property, which was destroyed by fire,'and this suit was brought by appellant against appellee to recover the value of the property. Appellee filed a cross-action and recovered judgment against appellant for $9, due as storage fees. Judgment was rendered against the appellant as to her suit for damages, and she prosecutes this appeal.
The record shows that appellant filed with the clerk of the court below written objections to the court’s charge, which objections constitute the basis of the assignments of error presented in this court; but the record fails to show that the objections referred to were ever presented to the trial judge, as required by the amendatory act of 1913 (Acts 33d Leg. c. 59 [Yernon’s Sayles’ Ann. Civ. St. 1914, art. 1971]) as construed by our Supreme Court in the case just referred to.
We overrule appellant’s contention that the testimony did not raise the issue presented by appellee’s requested instruction No. 1.
After due consideration of all the assignments of error, our conclusion is that the judgment should be affirmed; and it is so ordered.
Affirmed.
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Reference
- Full Case Name
- LOWERY v. McCRARY TRANSFER & STORAGE CO.
- Cited By
- 3 cases
- Status
- Published