Black v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Porter, J.:

Francis M. Black brought this action before a justice of the peace to recover damages from a fire alleged to have been caused by the defendant in the operation of its railway. The. bill of particulars alleged that he was the owner of the land burned over and of the crops destroyed.- At the trial plaintiff obtained leave of court to amend the bill of particulars by adding the name of Susan B. Black as one of the plaintiffs, but the amendment was not written into the bill of particulars. The court thereupon rendered judgment in favor of both…