McCutchen v. Gorsline

JAMES, Chief Justice.

The material facts of this case, briefly stated, are: McCutchen had for some years owned an unfenced vacant lot in the city of Wichita Falls upon which there was an old open well of considerable depth. Hear by Gorsline had a stable, and during a certain night one of his horses got out, went upon this lot, and was found in the well dead next morning. There was an ordinance of the city concerning which the following admission was made: “It is admitted as a proven fact in the case that the horse of plaintiff was at large in violation of the city ordinance above mentioned,…