McCarty v. Gulf, Colorado & Santa Fe Railway Co.

STAYTON, Chief Justice.

Appellants sue to recover for injury to cattle resulting from two causes, for both of which it is claimed appellee is liable.

1. It is claimed that appellee contracted to furnish cars and to receive appellants’ beeves on September 24, 1887, for transportation from Ballinger, Texas, to Chicago, Illinois, but that appellee failed to do this until four days afterwards, whereby they were damaged on account of deterioration of cattle while held at or near place of shipment, where the pasturage was not good; and further, that on account of this delay appellants were compelled…