Mallory S. S. Co. v. Walker-Smith Co.

Defendant in error instituted this suit against plaintiff in error to recover damages to a shipment of canned goods from New York to Galveston. The Court of Civil Appeals in its opinion (285 S. W. 644) makes -the following statement of the pleadings and result of trial in the district court, to wit:

“For cause of action plaintiff alleged that it caused to be shipped from Baltimore, Md., 925 cases of canned goods on the 14th day of Janu.ary, 1920; that said canned goods were delivered to appellant at New York prior to February 11, 1920, to be by it transported to Galveston, Tex.; that appellant…