St. Louis Southwestern Ry. Co. of Texas v. Lee
Court of Appeals of Texas
Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by Luck Lee against the St. Louis Southwestern Railway Company of Texas. From a judgment for plaintiff, defendant appeals. Appellee owns a plantation of about 500 acres in Bowie county, which the appellant’s line of railroad enters on the east, running through in a southwesterly direction to the west side.
Read the full summary
Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by Luck Lee against the St. Louis Southwestern Railway Company of Texas. From a judgment for plaintiff, defendant appeals. Appellee owns a plantation of about 500 acres in Bowie county, which the appellant’s line of railroad enters on the east, running through in a southwesterly direction to the west side. The conclusion is reasonably warranted that appellee cleared and inclosed the land after the railway was built. Prior to the injury in suit, the railway company had erected a fence on its right of way, on both the east…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The reasons relied on, among others, in the first, second, and third assignments for error in the charge of the court are (1) because the charge made it the absolute duty of the railway company to put in cattle guards sufficient to turn the hogs of appellee; and (2) made the railway company liable for the damage from depredation, regardless of its negligence. The charge assumed as a matter of law a violation on the part of appellant of an express statutory provision imposing upon a railway company the duty to place and keep in repair such good and…
2Cases cited2 opinions
- Houston, East & W. Tex. R'y Co. v. AdamsTexas Supreme Court · 1885
- Missouri, Kansas & Texas Railway Co. v. WetzTexas Supreme Court · 1904