Harrison v. G., C. & S. F. R'y Co.

Opinion by

White, P. J.

§ 69. Appeal from justice's court; defenses not made in justice's court will not be permitted in the appellate court; case stated. This was a suit brought originally by appellant in justice’s court against the railroad company for $190 damages for personal injuries caused by a collision of defendant’s cars with the plaintiff’s dray, which collision was produced by the negligence of the employees operating the defendant’s train. Defendant, the railroad company, made no appearance and filed no answer in the justice’s court, though due service had been had upon it, and…