Fort Worth & Denver City Railway Co. v. McAnulty

We think the court below erred in overruling appellant's special exception interposing the statute of limitation to appellee's first amended original petition. The injury to the stock is alleged to have occurred August 26, 1887. The original petition only claimed damage for the total loss of six head of cattle, of the value of $30 each, and damage to eighty-one head, at $10 per head, making a total of $990. This petition was filed November 23, 1888. On January 17, 1891, appellee filed an amended original petition, in which he alleged the date of the injury the same as in the original (August…