International & G. N. Ry. Co. v. Matthews Bros.

On the night of December 18, 1911, one of the appellees’ horses was found injured on appellant’s track in the town of Willis, from the effects of which it died, and this action was brought by them in the justice’s court against appellant to recover damages therefor. A trial there having resulted in favor of appellees, an appeal was taken to the county court, where a similar judgment was had against appellant, from which this appeal is prosecuted.

After general demurrer and general denial, appellant pleaded specially that the horse, if killed by it, was killed ih. the settled portion of the…