Pacific Express Co. v. Needham

DISSENTING OPINION.

KEY, Associate Justice.

Concurring in all other respects, the writer dissents from so much of the majority opinion as overrules the fourth assignment of error, and holds that appellant’s first special exception to appellee’s petition was properly overruled. The petition described the property alleged to have been injured by the defendant as “about the amount of $780 worth of nursery stock,” and as “said trees.” The special exception referred to challenged this description as being too general.

In Schneider v. Ferguson, 77 Texas, 572, the property involved was described as “a…