Texas Mexican Ry. Co. v. Slaughter

McGILL, Justice.

The nature and result of this suit as stated by appellant is conceded to be correct for the purpose of this appeal, by ap-pellee, and we adopt it in part. On March 14, 1950, appellee David M. Slaughter, d/b/a David M. Slaughter Company, filed suit against appellant, The Texas Mexican Railway Company, seeking to recover alleged damages to shipments of one car of tomatoes and three cars of onions. The petition contained four counts, but the case was tried on count I (alleging improper carrying and delay in the shipment of 780-lugs of tomatoes from South Laredo, Texas, to…