Ft. Worth & R. G. Ry. Co. v. Fleming

This is a suit instituted by ap-pellee in the justice’s court to recover damages to a shipment of horses. The justice of the peace, a jury not being demanded, rendered judgment in favor of appellee for all he sought to recover, and upon appeal to the county court a jury was again waived, and the county judge rendered judgment in favor of appellee for all he sued for.

Appellee was the only witness to sustain the damages which, he claimed, arose from a delay of the animals in Ft. Worth, Tex. He swore that the horses had been consigned to him at Vicksburg, Miss., but when he ascertained at Ft.…