Legal Opinion

Stephenville N. & S. T. Ry. Co. v. Schrank

Court of Appeals of Texas

Decided February 24, 1915No. 5443PublishedCited by 3 opinions

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

  1. Texas Pacific Railway Company v. SprolesCourt of Appeals of Texas · 1907

3Cited by3 opinions

  1. Hopper v. JC Penney CompanyCourt of Appeals of Texas · 1963
  2. Missouri, K. & T. Ry. Co. of Texas v. AttawayCourt of Appeals of Texas · 1915
  3. Houston & T. C. Ry. Co. v. KujawaCourt of Appeals of Texas · 1924

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