Daughdrill v. Texas N. O. R. Co.

This is a suit to recover damages for the loss of three mules of the value of $900 killed during the night of November 5, 1938, near the village of Toomey in Calcasieu Parish, by one of the defendant's trains, and for $251.13 as the loss of earnings suffered by plaintiff in the death of the mules, or a total of $1,151.13. The defendant denied any negligence on its part, alleging that the killing of the mules was entirely unavoidable.

The lower court held with the defendant and dismissed plaintiff's suit. Plaintiff has appealed.

The evidence discloses that at and near the scene of the accident,…