Ward v. Bonner and Eddy, Receivers

HENRY, Associate Justice.

Appellant brought this suit to recover damages for personal injuries received by him while acting as an engineer in a wreck of a train on defendants’ railroad.

The'wreck occurred at night and was caused by the engine coming in contact with two cows lying upon the track at a place where the railway had been fenced by the defendants on both sides between two private crossings, without placing cattle guards at either entrance.

The negligence charged by plaintiff’s petition was “in failing to provide proper.and sufficient cattle guards, of which omission plaintiff had no…