Missouri, K. & T. Ry. Co. of Texas v. Orr

Appellee sued appellant in the justice court for the recovery of $175 as by reason of the death of a mare owned by him, valued at $125, and the subsequent death of her colt, valued at $50. He recov- ■ ered $175, and on appeal to the county court, in a trial before a jury, he recovered 'damages for $125 for the death of the mare, but recovery was denied him for the death of the colt. The defendant has appealed.

The theory upon which the recovery was had was that the right of way fence was down between plaintiff’s pasture and the railroad right of way, and that the mare crossed over the…