Simmonds v. St. Louis, Brownsville & Mexico Railway Co.

Mr. Judge SMEDLEY

delivered the opinion of the Commission of Appeals, Section B.

Plaintiffs in error sued defendant in error in justice court for $190.00 as the value of a mule that died from injuries received while being transported from Fort Worth to Driscoll, Texas. The case was appealed and tried before a jury in county court, where the jury, in answer to special issues, found facts sufficient to impose liability upon defendant in error and fixed the damages for the loss of the mule at $97.50. The county court, however, in response to motion of plaintiffs in error, disregarded the jury’s…