Texas & Pacific Railway Co. v. Glenn
Court of Appeals of Texas
Appeal from the County Court of Palo Pinto. Tried below before Hon. W. E. Newbbough. 1. The defendant was only required to use ordinary care in keeping up the gates erected for plaintiffs benefit, and it was no part of its duty to keep said gates closed.
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Appeal from the County Court of Palo Pinto. Tried below before Hon. W. E. Newbbough. 1. The defendant was only required to use ordinary care in keeping up the gates erected for plaintiffs benefit, and it was no part of its duty to keep said gates closed. If the gates were erected and built for plaintiff’s benefit at a private crossing in plaintiff’s farm, then it was the duty of plaintiff to keep them closed, and if he failed to do so and his stock was killed by reason of such failure, then he should not be heard to complain of the loss; and the jury should have been so instructed. 3 Laws.…
1Opinion of the Court
TAELTON, Chiee Justice.
This appeal is from a judgment in which the appellee recovered damages for the negligent killing by appellant’s trains of one gray horse, on August 24, 1891, and of one mare and one bay horse, on January 1, 1892.
Appellee was the owner of a farm, separated by the appellant’s railway track coursing through it east and west. The appellant had fenced its right of way, and there is evidence tending to show that this fence was good and sufficient. The dwelling house of the appellee was in the southern portion of his farm. South of the dwelling house a road traversed his farm…
2Cases cited2 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- International & Great Northern Railroad v. DunhamTexas Supreme Court · 1887
3Cited by8 opinions
- Houston & Texas Central Railway Co. v. O'DonnellTexas Supreme Court · 1906
- San Antonio & Aransas Pass Railway Co. v. RobinsonCourt of Appeals of Texas · 1897
- St. Louis Southwestern Railway Co. v. AdamsCourt of Appeals of Texas · 1900
- St. Louis Southwestern Ry. Co. of Texas v. CoxCourt of Appeals of Texas · 1923
- Swanson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
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