Gulf, C. & S. F. Ry. Co. v. Pryor
Gulf, C. & S. F. Ry. Co. v. Pryor
Opinion of the Court
“Was any of said live stock injured while in transit, that is, from the time it was delivered and taken in charge by the railroad company at Fort Worth, Tex., until said live stock was delivered to the plaintiff at Bronson, Tex.? You will answer this question ‘Yes’ or ‘No.’ ”
Plaintiff’s cause of action should have been submitted on his pleadings. Having alleged special acts of negligence, his recovery should have been limited to the facts pleaded. Railway Co. v. Johnson, 100 Tex. 237, 97 S. W. 1039.
For the errors discussed, this cause is reversed, and remanded for a new trial.
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