St. Louis Southwestern Ry. Co. of Texas v. McWilliams

STANFORD, Justice.

A suit was filed in the’justice court by C. C. Cherry against the St. Louis Southwestern Railway of Texas, for the sum of $95. Cherry alleged that the railway company was negligent in' permitting a train at a crossing to eollidfe with his truck in the town of Kerens, Tex. The first citation was, on March 5,1932, quashed, and the suit dismissed. A new suit, together with new citation, was filed on March 18, 1932, and citation served requiring said railway company to appear and answer in said cause on April 2, 1932. The new citation set up the same cause of action as that set…