Winkelmann v. Battle Island Ranch

PAUL PRESSLER, Justice.

Appellant appeals his failure to recover damages for injuries he sustained in a collision between two horses during a trail drive.

On November 25, 1978, appellant, appel-lees, John G. Phillips, Jr., and Don Holt, and several others were participating in a cattle drive. The cattle, which were owned by various members of the Phillips family, were being driven from Battle Island Ranch near West Columbia, to the Brazoria National Wildlife refuge. On the second day of the drive, a train blocked the passage of the cattle into the Jamison pasture. The cattle were held in…