102 S.W. 396 | Tex. | 1907
This suit was brought by the defendant in error against the plaintiff in error to recover damages to certain cattle which were shipped over its line of railway. He recovered a judgment which was affirmed by the Court of Civil Appeals.
There were two herds of the cattle, one of which was contracted to be shipped and were shipped in the name of the plaintiff and the other in the name of one J.P. Sutton. The Sutton cattle belonged to the firm of Sutton Brothers, who, before the action was brought, had assigned their claim to the plaintiff. The damage to the cattle was alleged to have been caused by their detention at the initial station in crowded pens for about twenty-four hours without food or water. It developed during the course of the trial that the cattle shipped in the name of plaintiff were owned by himself, his father and his two brothers, each having a one-fourth interest therein. The court ruled that notwithstanding this fact the plaintiff was entitled to recover the entire damage inflicted upon these cattle and judgment was given accordingly.
When we granted the writ of error in this case we were of the opinion that the Court of Civil Appeals was in error in sustaining this ruling; but now we see that under the rule established in this court we were mistaken in that view. The point was decided in the case of the Missouri Pacific Railway Company v. Smith (
The Court of Civil Appeals, as we think, did not err in refusing to sustain the other assignments of error presented to them, and we deem it unnecessary to discuss them.
The judgment is affirmed.