Mason v. Union Pacific Railway Co.

I cannot assent to either the reasoning or the conclusion announced by the majority of the court in the opinion just delivered. It appears from the record^ that plaintiff's decedent, George S. Mason, sued the defendant in a commissioners' court for wrongfully ejecting him from a car on its road, claiming $300 damages. At the trial he recovered judgment for $200. The defendant appealed the case to the district court, but before the-case was reached for trial in that court the plaintiff died, and his administrator, the present plaintiff, was. substituted in his stead, with the consent of…