Pullman Co. v. Kansas City Southern Ry. Co.

(after stating the facts as above). The court below overruled an exception to the amended petition, on the ground that the cause of action set up therein was a new and different cause of action from that set up in the original petition, and was barred by the statute of limitations of two and four years. The contention that the court erred when he ruled as stated presents the only question made on the appeal.

The contention ought to be sustained if appellee’s original petition should be construed as appellant insists it should be, to wit, as basing appellee’s right to the recovery it sought…