Stephenville N. & S. T. Ry. Co. v. Schrank
Court of Appeals of Texas
Appeal from Hamilton County Court; Action by F. W. Schrank against the Stephenville North & South Texas Railway Company. Judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtJenkins, J.
This is a suit to recover damages on account of injuries to a mule belonging to appellee, occurring by reason of the alleged negligence of appellant in failing to properly construct and keep in repair a cattle guard on its line, and in permitting grass, wheat, and oats to grow thereon. The guard in question is what is known as a metal guard, and was described by appellant’s roadmaster as follows:
“These guards are eight feet long and are made in four sections, two inside of the rails and two outside. The uniform width of the spikes are 2 or 2.4 inches at the bottom. They are made from about ⅛…
2Cases cited1 opinion
- Texas Pacific Railway Company v. SprolesCourt of Appeals of Texas · 1907
3Cited by3 opinions
- Hopper v. JC Penney CompanyCourt of Appeals of Texas · 1963
- Missouri, K. & T. Ry. Co. of Texas v. AttawayCourt of Appeals of Texas · 1915
- Houston & T. C. Ry. Co. v. KujawaCourt of Appeals of Texas · 1924