St. Louis Southwestern Ry. Co. of Texas v. Hill Bros.

FUNBERBURK, Justice.

The suit involves a cattle shipment from Gatesville, Tex., to Fort Worth, Tex. Upon arrival at the destination one cow was dead, one was down and badly crippled, and several others were bruised and skinned, there being 27 head in all. The action was one for tort; no contract of shipment being relied upon. No specific acts of negligence were alleged, but it was averred that the cattle were delivered to the carrier at Gatesville uninjured *433arid in good condition for shipment, that they were transported while in the possession and control of the defendant without being…