Winn v. Ft. Worth & Rio Grande Railway Co.

KEY, Associate Justice.

— Opinion.—Appellant brought this suit in his own name and, so far as the record shows, for his own use and benefit to recover the statutory penalty prescribed by article 4255 of the Revised Statutes for refusal to receive and ship certain live stock and for damages for injuries to other stock that were received and shipped.

Appellee introduced some evidence tending to show that appellant had assigned the cause of action to the Gulf, Colorado & Santa Fe Railroad Company, whereupon appellant put in evidence a written assignment or transfer conveying to the said G. C. & S.…