Payne v. Malone

BUCK, .7.

J. M. Malone recovered in the trial court damages for the killing by the railroad of four four year old steers, valued at $175 each; four three year old steers, valued at $150 each, and injury to three three year old steers, whose market value was alleged and proven to have been depreciated $50 each, thus making a total of $1,450 damages alleged and proven.

Upon the trial, plaintiff introduced a part of defendant’s superseded answer as follows:

“The defendant, Walker D. Hines, Director General of the Fort Worth & Denver City Railway Company, shows to the court his cross-action against…