Missouri, K. & T. Ry. Co. of Texas v. Western Automatic Music Co.

Appellee sued appellant for $500 for damages alleged to have been inflicted upon an automatic musical instrument known as a violin pianola while being transported by appellant from San Antonio to Dallas in this state, and upon trial before jury recovered verdict followed by judgment for $225, from which this appeal is taken. The verdict and judgment are sustained by the evidence, and for that reason we shall not set out any portion of the evidence, except under the third assignment of error.

The first assignment of error complains of the court’s charge defining the measure of appellee’s…