Martin, Wise & Fitzhugh v. Fort Worth & Denver City Railway Co.

TARLTON, Chief Justice.

In this case we think that the court erred in sustaining a general demurrer to the following petition, in which the appellants, as plaintiffs, complain of the appellee, as defendant, alleging, that “ Heretofore, to-wit, on the 10th day of March, 1889, plaintiffs were the owners of fifty-five bales of cotton, which were then at Aurora, Texas; that on said date plaintiffs applied to defendant’s agent at Rhome, Texas, then and there a station on defendant’s line of railway, for the through rate on said cotton from that station to Liverpool, England, and defendant’s agent…