Texas & P. Ry. Co. v. Martin Bros.

Martin Bros. instituted this suit against the Texas & Pacific Railway Company for damages for injuries to certain cattle alleged to have resulted from negligent delays in their transportation to market. This is the second appeal of this case. The former opinion, reported in 167 S. W. 792, is referred to for a more complete statement of the contentions of the parties.

The first assignment reads:

“The court erred in overruling the defendant’s motion to render judgment for it, because a judgment by default should have been rendered in favor of the defendant upon the pleadings and evidence, in that…