Ft. Worth & R. G. Ry. Co. v. Brown

Appellee Brown instituted this suit to recover of appellant damages for the loss of a number of Jersey cattle, which he alleged had been poisoned and killed by the negligence of appellant, its agents and servants. It was alleged, in substance, that on or about the 28th day of August, 1911, the agents and servants of the defendant negligently applied “some kind of poison, the exact kind being unknown to plaintiff,” to Johnson grass growing upon its unfenced right of way, and that certain of his cattle went upon the right of way and ate of the poisoned Johnson grass, resulting in the death of…