Texas & St. Louis Railway v. Narramore

Opinion by

West, J.

In this case it is urged that the judgment of the district court was erroneous, because, though the pleadings did- not, the evidence disclosed an improper joinder of parties plaintiff.

This was a joint action instituted by the appellees, Narramore and Preston, for the recovery of joint damages sustained by them by reason of the appellants, without their consent, laying of and grading their railroad through land alleged to be the joint property of the appellees. The appellee, Narramore, testified that he had once owned the land on which the trespass is alleged to have been…