Ray v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Smith, J.:

The appellees brought two actions against the appellant in a justice court of Labette county to recover damages on two shipments of cattle from Wichita Falls, Tex., to St. Louis, Mo. The appellees owned all the cattle and the shipments were made at the same time in the same train and, of course, arrived in St. Louis at the same time, but they were consigned to different commission firms. Judgment for appellees was rendered in both actions. Appellant appealed to the district court where, upon its motion, the actions were consolidated.…