Texas & P. Ry. Co. v. Heathington

SPEER, Justice.

This case originated in the justice court of Parker county, when E. C. Heathington sued Texas & Pacific Railway Company for the loss of fifty turkeys, alleged to have been killed by the defendant. '

The pleadings of both parties are written ; they will be designated as plaintiff and defendant, as they appeared in the trial court.

Plaintiff alleged the turkeys were worth $50 and asked for that amount in damages, and for $10 attorney’s fees. The negligence of defendant, which caused the loss, is alleged to consist of defendant failing to keep its right of way clear of brush and…