Friedman's Estate v. Texas & Pac. Ry. Co.

HAMITER, Justice.

Plaintiff, a copartnership composed of the heirs of Mrs. C. Friedman, seeks to recover m this suit the sum of $520, the value of its five brood mares and one colt which were struck and killed by defendant’s fast passenger train during a run between Fort Worth, Texas, and New Orleans, Louisiana.

Judgment in plaintiff’s favor for the named amount was rendered by the district court. On appeal to the Court of Appeal, it was set aside and the suit dismissed. 24 So.2d 167. The cause is before us on a writ of review or certiorari.

As is pointed out in the briefs of counsel, the facts…