Kansas City, M. & O. Ry. Co. of Texas v. McMullan

The opinion on a former appeal, reported in (Tex. Civ. App.) 19 S.W.(2d) 98, states the nature of this suit. Suffice it to say here that appellees sued appellant for damages to a shipment of cattle, and recovered judgment for $200 ; hence this appeal.

The cause originated in the justice court, and the pleadings in all courts were oral. However, on the date of this trial of the case, April 23, 1931, the parties filed a written agreement to the effect that, on the first trial on appeal in the county court, October 2,1928, appellees pleaded for damages as follows: t(l) for shrinkage, due to delay…