Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Tolbert

Texas Supreme Court

Decided April 10, 1907No. 1625PublishedCited by 27 opinions

. Question certified from the Court of Civil Appeals for the Fifth District, in an appeal from Hunt Count)'.

1Opinion of the Court

WILLIAMS, Associate Justice.

Certified question from the Court of Civil Appeals for the Fifth District as follows:

“Appellee’s mule was struck and killed by one of appellant’s locomotives on the night of October 13, 1904, and this suit was brought to recover its value. From the verdict and judgment in favor of appellee for the sum of $175, this appeal is prosecuted. Appellant’s railroad runs through Hunt County and appellee’s mule was struck and killed in precinct number 1 of said county. Prior to the killing of the mule appellant had fenced its right of way, but a panel of what is called a…

2Cases cited1 opinion

  1. International & Great Northern Railroad v. DunhamTexas Supreme Court · 1887

3Cited by27 opinions

  1. Turner v. LewieCourt of Appeals of Texas · 1947
  2. Coffee v. LiebCourt of Appeals of Texas · 1937
  3. Texas & Pacific Railway v. WebbTexas Supreme Court · 1908
  4. W. A. Morgan & Bros. v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1917
  5. West End Rural High School District v. Columbus Consolidated Independent School DistrictTexas Supreme Court · 1949

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