Fort Worth & D. C. Ry. Co. v. Harris

This appeal is from a judgment in favor of the appellee for $350 as the value of a horse and mule killed on appellant’s right of way by a locomotive. After a general denial, the appellant pleaded contributory negligence on the part of the ap-pellee in tearing down the fence inclosing its right of way, and thus making an opening through which the stock entered. It also pleaded that the stock law was in force in that locality, and that plaintiff negligently permitted his stock to run at large.

The evidence shows that the railroad right of way had been fenced, but that the fence was down in…