Ferguson Seed Farms, Inc. v. Fort Worth & D.-S. P. Ry. Co.

HALL, Chief Justice.

This case was -formerly tried and an appeal was prosecuted, and the judgment reversed by this court in an opinion published in 69 S.W.(2d) 223. Since that time both parties have filed amended pleadings, and, in addition thereto, the appellant filed an application for a change of venue, based upon the ground of prejudice, etc.

The substance of the appellant’s first amended original petition which we take from its brief is that the Ferguson Seed Farms, Inc., filed this suit on the 24th day of December, 1929, against the defendant railway company to recover damages to…