Bush v. Texas & Pacific Railroad

HOOD, Judge.

Elliott Bush sues defendant railroad for the value of a registered bull which was. killed when struck by the defendant’s train. The trial court rendered judgment in favor of plaintiff, and defendant has appealed.

Plaintiff bases his claim primarily on defendant’s alleged breach of a contract to. repair a fence located along the south line of the railroad right of way. Alternatively, he seeks to recover in tort under the-provisions of LSA-R.S. 45:503, 45:504. Defendant denies that it damaged the fence,, that it obligated itself to make repairs to-that fence, or that the loss of the…