International & Great Northern Railway Co. v. Hall
Court of Appeals of Texas
Suit by plaintiff, Zack R. Hall, to recover damages for the killing of his jack through the alleged negligence and carelessness of the defendant, its agents and servants, in running upon and against the same with ■an engine and train.
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Suit by plaintiff, Zack R. Hall, to recover damages for the killing of his jack through the alleged negligence and carelessness of the defendant, its agents and servants, in running upon and against the same with ■an engine and train. The charge was that the jack was in a pasture or ■field adjacent to defendant’s right of way, which defendant had fenced, hut that the fence was out of order and that the jack, through the breaks in the fence, strayed upon the right of way; also that the servants of "the defendant, in charge of the engine and train which collided with the jack, could have seen,…
1Opinion of the Court
Suit by appellee for damages for the killing of his jack by negligently running defendant's passenger locomotive over him. Trial by jury. Verdict and judgment for plaintiff for $800, with 6 per cent interest from the 16th day of December, 1893, the date of the injury.
Defendant has appealed.
Opinion. — The statute (R.S., 4245) makes every railroad company liable to the owner for the value of all live stock killed or injured by locomotives and cars of such railroad; but it is provided that if the company fence the road it shall only be liable in cases of injury resulting from the want of…
2Cases cited3 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. FaberTexas Supreme Court · 1888
- Galveston, Harrisburg & San Antonio Railway Co. v. ArispeTexas Supreme Court · 1891
- Western Union Telegraph Co. v. HousewrightCourt of Appeals of Texas · 1893
3Cited by3 opinions
- King v. StateCourt of Criminal Appeals of Texas · 1909
- St. Louis Southwestern Railway Co. v. AdamsCourt of Appeals of Texas · 1900
- Moore v. StateCourt of Criminal Appeals of Texas · 1939