Missouri Pacific Railway Co. v. Smith

GAINES, Associate Justice.

— The appellee brought this action in a Justice Court to recover for the breach of a contract of carriage. The account filed as a statement of the cause of action claimed damages in the sum of $200 for injuries to twelve mares and two colts while in transit over appellant’s road, under a contract made by the company with appellee. The case was tried in .the Justice Court and appealed to the District Court, where the judgment was rendered from which this appeal was taken.

During the course of the trial the counsel for the defendant offered to read the answer of a…