Missouri, Kansas and Texas Railway Co. v. Russell

NEILL, Associate Justice.

This suit was brought by appellee against appellant to recover damages to a shipment of cattle. The plaintiff alleged that the cattle were injured while being transported by defendant from Gainesville to Wichita Falls, by being “subjected to great, unnecessary and unusual violence or rough treatment occasioned by defendant’s agents in operating its train and to the defective and worn out condition of its engine, cars and machinery and other causes unknown to plaintiff, and peculiarly within the knowledge of defendant.”

The defendant after a general denial, answered…