Walker v. Herron
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. Suit by appellee, for damages sustained from loss of horses in consequence of a contagious disease taken by appellee’s horses, from those of appellant; and which were brought by appellant into the range where appellee’s had previously been kept. Each of the parties had stock-pens upon their own lands, which were in the same stock-range.
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Appeal from Guadalupe. Tried below before the Hon. A. W. Terrell. Suit by appellee, for damages sustained from loss of horses in consequence of a contagious disease taken by appellee’s horses, from those of appellant; and which were brought by appellant into the range where appellee’s had previously been kept. Each of the parties had stock-pens upon their own lands, which were in the same stock-range. Appellee’s horses were in the range, at the time appellant brought his stock home. Appellant’s horses, at that time, appeared well, but in about ten days, the disease broke out among them. There…
1Opinion of the Court
Wheeler, Ch. J.
The exception to the third instruction of the court, and the response of the court to the question propounded by the jury, we think well taken.
The instruction is as follows: “The plaintiff would not be “guilty of such negligence as would preclude him, in a proper “case, from recovering, if he was guilty of no other negligence “than permitting his stock to remain in the range, which he “used with others as public range, before the diseased stock of “defendant made its appearance. If, however, plaintiff, or his “agent, knowingly permitted his stock to mix with the diseased “stock…
2Cited by15 opinions
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- Boggess v. HarrisTexas Supreme Court · 1897
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- Owens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
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