Texas N. O. R. Co. v. Jones

Appellee lived in Harris county, Tex., near the right of way of appellant, and in June, 1920, owned a herd of goats, which grazed on the uninclosed lands around his home, and, as appellant’s right of way fence was in bad repair, also on the right of way. On the morning of the date mentioned, appellant sprinkled the grass along its right of way. Appellee testified:

“I had seen a tank car run by the defendant railroad company along the track and sprinkle something on both sides. That was on the morning of the day that the goats first got sick, and after I had turned the goats out.”

On that day…