Austin Fireproof Warehouse Transfer Co. v. Faltinson

PRICE, Chief Justice.

This case has been consolidated with case No. 4020 on the docket of this court, one being on the plea of privilege, the other on the merits.

Appellees, R. L. Faltinson and his wife, as plaintiffs, filed in the District Court of Nueces County suit against appellant Austin Fireproof Warehouse Company, as defendant. Hereafter the parties will be referred to in accordance with their designations in the trial court.

The plaintiffs, in substance, alleged that defendant was a common carrier and they delivered to it, in that capacity, certain enumerated household articles, of the…