Davis & Boatright v. Texas & Pacific Railway Co.

HUNTER, Associate Justice.

In this case the defendant railway company filed a general demurrer, special exceptions and general denial to plaintiff’s petition, and followed these with a plea to the jurisdiction of the court, in that the penalty claimed by plaintiffs of $200 for failing io feed and water the cattle shipped, as provided for in Revised Statutes, article 284, had been waived by the written contract of plaintiffs, agreeing to take charge of the cattle during transportation and feed and water them themselves, and that all the other damages claimed being only $156, this claim of $200…