Missouri, Kansas & Texas Railway Co. v. Moore
Court of Appeals of Texas
Appeal from the County Court of Boekwell County. Tried below before Hon. J. H. Chrisholm. The argument of plaintiff’s counsel, to which'objection was made, was as follows: “We made the Pruitt Commission Company and the railway company both parties to this suit at a former term of this court. The Pruitt Commission Company was let out on a plea of misjoinder and a plea of privilege.
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Appeal from the County Court of Boekwell County. Tried below before Hon. J. H. Chrisholm. The argument of plaintiff’s counsel, to which'objection was made, was as follows: “We made the Pruitt Commission Company and the railway company both parties to this suit at a former term of this court. The Pruitt Commission Company was let out on a plea of misjoinder and a plea of privilege. The railroad was in court then, and now, since the Pruitt Commission Company have gone hence without day, the railroad company then again and says: 'These are not our onions, but they belong to the Pruitt Commission…
1Opinion of the Court
KEY, Associate Justice.
—W. R. Moore instituted this suit against the Missouri, K. & T. Railway Co. of Texas and the Pruitt Commission Company, seeking to recover damages for an alleged breach of contract for the shipment of a carload of onions from Rockwall to San Antonio, Texas. The Pruitt Commission Company filed a plea in abatement, which was sustained by the court, and that defendant went out of the case. As between the plaintiff and the railway company there was a jury trial resulting in favor of the former, and the latter has appealed.
The first five assignments of error presented in…
2Cases cited1 opinion
- Gilbert v. MansfieldCourt of Appeals of Texas · 1905
3Cited by4 opinions
- St. Louis Southwestern Ry. Co. of Texas v. Burrus Mill & Elevator Co.Court of Appeals of Texas · 1914
- Whittington v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Continental Casualty Co. v. ChaseCourt of Appeals of Texas · 1918
- Houston & T. C. Ry. Co. v. IversenCourt of Appeals of Texas · 1917