Sentell v. Texas & P. Ry. Co.

MILLS, Judge.

Plaintiff brought suit against defendant for the damage done cotton loaded on cars of defendant, spotted at plaintiff’s gin. An exception of no cause or right of action was filed by defendant, based on the failure of the petition to allege a legal delivery of the cotton to defendant. The exception of no cause of action alone was sustained, which in effect overrules the exception of no right of action.

After the dismissal of this action, plaintiff filed a second suit supplementing the allegations of the first petition by adding aver-ments to the effect that custom between the…