Fort Worth & Denver City Railway Co. v. Roberts

CONNER, Chief Justice.

This is an appeal from a judgment in appellee’s favor for $1200 for damages to certain horses and cattle owned by him and killed on appellant’s railroad track by a passing freight train. The proof shows that for some seventeen miles in the locality of the injuries mentioned appellant’s right of way is inclosed by a wire fence extending along each side some 100 feet from the center of the track; that the fence was constructed under an agreement with the owner of the soil that the public road from Claude, in Armstrong County, to Clarendon, in Donley County, should be…