Warner, Lorance Gammon v. St. L.-s.F. Ry. Co.

Plaintiffs’ petition is in four counts, seeking damages for failure to furnish stock cars within a reasonable time after written notice and for delay in shipment of live stock. Counts one and two relate to an interstate shipment; counts three and four are on an intra-state shipment. The answer, after a general denial, pleads, among other things, the shopmen’s strike of 1922, as an excuse and reason for the delays mentioned in plaintiffs’ petition. Judgment was for plaintiffs on all four counts, hence this appeal.

The first count of plaintiffs’ petition charges that on or about the 28th day of…