Texas Packing Co. v. St. Louis Southwestern Ry. Co. of Texas

Plaintiff, a foreign corporation, sued the St. Louis Southwestern Bailway Company of Texas, the Wabash Railway Company, and the Illinois Central Railway Company, defendants, to recover damages, predicating liability upon the negligence of defendants to ice a car in transit, containing fresh poultry, which they had contracted to transport.

Plaintiff dismissed as to the Illinois Central Railway. The remaining defendants each filed a plea in abatement, urging the legal incapacity of plaintiff to maintain and prosecute the action, on account of not having a permit to do business in Texas.

The…