Jeter v. Texas & P. Ry. Co.

MILLS, Judge.

Plaintiff demands $325 as damages for the killing of two mules and a horse at about midnight of November 9, 1931, by a train of defendant operating over its tracks passing through a plantation adjacent to that of petitioner near Robson, in the parish of Caddo. Petitioner claims that, where defendant’s track runs through his plantation, the right of way fence is in such disrepair as to amount to no fence at all.

Defendant answers that the killing was not caused by any negligence on its part, .but was due to the sudden appearance of the stock on its track too short a distance ahead…