Galveston, H. & S. A. Ry. Co. v. Harolson

Appellant brought this suit against appellee to recover on a contract executed by appellee by which he agreed to indemnify and save appellant harmless from any loss or damage arising out of the injury or killing of stock which might enter upon appellant’s railroad by reason of gates in its right of way fences, placed therein at the request and for the convenience of appellee, being left open or not kept fastened when not in use.

Plaintiff’s petition, after alleging the contract, further allegéd in substance:

“That on or about the 3d day of April, 1920, one of said gates was left open, and a…