Texas & Pacific Railway Co. v. Peters

STEPHENS, Associate Justice.

On account of delay, rough handling, and failure to feed and water a car of young bulls carried from Marlin to Sweetwater, Texas, appellees recovered verdict and judgment against appellants for $125 as damages, and $225 as penalty for failure to feed and water the cattle. The case made by the petition was one of joint liability both for damages and penalty, and the court, therefore, did not err in overruling the several demurrers. The evidence, however, failed to make a case of liability for penalty against any of the appellants, since the third clause of the…