El Paso & Northeastern Railway Co. v. Lumbley

JAMES, Chief Justice.

Lumbley sues for damages to a shipment of horses. The verdict and judgment were against the defendants, the El Paso & Northeastern Bailway Company and El Paso & Northeastern Bailroad Company, jointly for $500, from which they appeal.

The first assignment of error is as follows: “The trial court erred in not permitting the defendants to show by the witness Barton that the plaintiff, L. E. Lumbley, after he had taken charge of the unloading of the animals, mentioned in the pleadings, at Alamogordo, and' while unloading the same, was intoxicated, for the reason that the said…