Missouri, Kansas & Texas Railway Co. v. Lovell
Texas Supreme Court
Question certified from the Court of Civil Appeals for the Second. District in an appeal from Clay County. The judgment of the trial court was reformed on defendant’s appeal, a dissenting opinion being filed. On motion to certify the question to the Supreme Court, the court, being doubtful of their right to do so, certified both that question and the question of proximate cause.
1Opinion of the CourtChief Justice Phillips
According to the certificate, the suit of the plaintiff was for damages for the killing of one mare and injury to four other horses. The animals entered upon the defendant’s fenced right-of-way through a gap or gate in the fence negligently left open by the defendant. While thus upon the right-of-way they were frightened by an unusual and negligent blowing off of steam, sounding of the whistle and ringing of the bell of a passing train, causing three of them to run through the fence at one place and the fourth to run upon a bridge of the defendant on the right-of-way.
The mare, the fifth…
2Cases cited4 opinions
- Wallis, Landes & Co. v. StuartTexas Supreme Court · 1899
- Herf and Dittmar v. JamesTexas Supreme Court · 1893
- McCurdy Daniels v. ConnerTexas Supreme Court · 1902
- Kidd v. Rainey, Chief JusticeTexas Supreme Court · 1902
3Cited by7 opinions
- Simpson v. McDonaldTexas Supreme Court · 1944
- Gulf, Colorado & Santa Fe Railway Co. v. GormanTexas Supreme Court · 1922
- International-Great Northern R. v. MotleyCourt of Appeals of Texas · 1929
- Missouri, K. & T. Ry. Co. of Texas v. OrrCourt of Appeals of Texas · 1925
- Brenot v. Southern Pacific RailroadCalifornia Supreme Court · 1927
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