Gulf, Colorado & Santa Fe Railway Co. v. Keith
Texas Supreme Court
Appeal from Bosque. Tried below before Hon. J. M. Hall. This is an appeal from a judgment for $240 and costs in favor of Keith. The suit was for damages for the value of two horses at $125 each, $60 feed for the horses while caring for them, $80 for care and attention to them, and $40 expended in repairs on wagon.
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Appeal from Bosque. Tried below before Hon. J. M. Hall. This is an appeal from a judgment for $240 and costs in favor of Keith. The suit was for damages for the value of two horses at $125 each, $60 feed for the horses while caring for them, $80 for care and attention to them, and $40 expended in repairs on wagon. The petition alleged that plaintiff was driving along the road from Meridian in Bosque County to MoLennan County in a wagon drawn by his two horses; that without his fault the horses became frightened and attempted to run away; a bridle bit broke, they became unmanageable, ran the…
1Opinion of the Court
Collard, Judge.
The general rule undoubtedly is that where there is a total loss of personal property resulting from the negligence of the defendant the measure of damages is the value of the property at the time of the injury and interest. This rule is not inflexible. Where an animal is so injured that its usefulness is not only impaired but destroyed, the measure of damages is its value, reasonable compensation for attention, and expenses in prudent efforts to effect a cure.
It is said in Shearman & Bedfield on Negligence: “The law would be inhuman if it should prescribe a different rule even…
2Cases cited4 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
- Houston & Texas Central Railroad v. SmithTexas Supreme Court · 1879
- H. & T. C. R'y Co. v. RichardsTexas Supreme Court · 1883
3Cited by20 opinions
- Texas & Pacific Railway Co. v. MercerTexas Supreme Court · 1936
- Morgan v. YoungCourt of Appeals of Texas · 1947
- Rivas v. Liberty Mutual Insurance CompanyTexas Supreme Court · 1972
- Atwood v. Boston Forwarding & Transfer Co.Massachusetts Supreme Judicial Court · 1904
- Ivy v. IvyCourt of Appeals of Texas · 1908
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