Hollingsworth v. Houston, East & West Texas Ry. Co.

In July, 1922, one of defendant’s freight trains ran over and killed a bull belonging to plaintiff. Alleging that the animal was killed through the gross fault and negligence of defendant’s employee and that the animal was worth $150.00, she prosecutes this suit to recover that amount.

Defendant disclaims liability on the ground that the killing was unavoidable, for the reason that the bull suddenly walked upon the track so close in front of the train that it could not be stopped with all diligence in time to avert the collision.

*122Defendant prosecuted this appeal from a judgment against it for…