Fort Worth & Denver City Railway Co. v. Garlington

STEPHEES, Associate Justice.

Witness Connelly testified by deposition to the condition of appellee’s horses when they were transferred from the Fort Worth & Denver City Bailway to the Texas & Pacific Bailway at Fort Worth, he being the business foreman of the latter company at its stockyards in Fort Worth. In answer to cross-interrogatories, he stated that he had no recollection of the horses aside from the record made at the time they were handled by him, which record it was a part of his duty to make and he knew to be correct, and, while he stated that he used the record to refresh his…