Gulf, Colorado & Santa Fe Railway Co. v. Ogg
Court of Appeals of Texas
Appeal from Austin. Tried below before Hon. S. R. Blake. 1. The court erred in refusing to give, when requested by defendant, its second special charge, as follows: “The defendant is not required to fence its track at depot and adjacent grounds, and if the place of accident was adjacent to depot grounds, and at a place where defendant received and delivered freight, then defendant is not required to fence its track, and would not be liable for failure of fencing its track at…
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Appeal from Austin. Tried below before Hon. S. R. Blake. 1. The court erred in refusing to give, when requested by defendant, its second special charge, as follows: “The defendant is not required to fence its track at depot and adjacent grounds, and if the place of accident was adjacent to depot grounds, and at a place where defendant received and delivered freight, then defendant is not required to fence its track, and would not be liable for failure of fencing its track at said point, and can only be held responsible for negligence by its employes running said train.” Rev. Stats., arts.…
1Opinion of the Court
WILLIAMS, Associate Justice.
The evidence showed conclusively that the animal, for the killing of which appellant was held liable, was killed within the switch limits, at its depot in the town of Bellville, the county seat of Austin County. By law, railway companies are not required to fence their “depot and contiguous grounds.” Railway v. Cocke, 64 Texas, 151; Railway v. Dunham, 68 Texas, 232; Railway v. Wallace, 2 Texas Civ. App., 271.
By a construction, almost universal, of statutes requiring railways to fence their tracks, it has been established, as the law, that they are not required to…
2Cases cited2 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- Bird v. McCoy & BishopSupreme Court of Iowa · 1867
3Cited by10 opinions
- People v. ThompsonMichigan Supreme Court · 1899
- Gulp, Colorado & Santa Fe Railway Co. v. BlankenbecklerCourt of Appeals of Texas · 1896
- St. Louis Southwestern Ry. Co. v. BuiceTexas Commission of Appeals · 1925
- Missouri, Kansas & Texas Railway Co. v. WillisCourt of Appeals of Texas · 1897
- Dunaway v. LancasterCourt of Appeals of Texas · 1922
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