Texas N. O. R. Co. v. Allen

NORVELL, Justice.

The suit is one for damages occasioned by the death of a mare as a result of being struck by defendant’s locomotive. The petition alleged that the defendant was liable for the death of the animal because of negligence. However, it appears from the trial court’s findings and conclusions that the judgment against the defendant was based upon the provisions of Article 6402, Vernon’s Ann.Civ.Stats., which provides that:

“Each railroad company shall be liable to the owner for the value of all stock killed or injured by the locomotives and cars of such railroad company in running…