Kansas City, M. & O. Ry. Co. of Texas v. Oates
Court of Appeals of Texas
Appeal from Pecos County Court; Howell Johnson, Judge. Action by J. S. Oates against tbe Kansas City, Mexico & Orient Railway Company of Texas begun in justice court and appealed to county court. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHiggins, J.
This is an appeal from a judgment of the county court of Pecos county for $75 damages resulting from the death of a cow killed by one of appellant’s trains and for an attorney’s fee of $15. The ease originated in the justice court. The case was tried before a jury and submitted upon special issues. Many issues, or rather eviden-tiary facts, were submitted and found, and in disposing of tbe appeal we will state sucb findings only as may be material to a proper consideration of the various assignments.
The animal was struck by a train running at a speed of about 30 miles an bour at an open…
2Cases cited2 opinions
- Western Union Telegraph Co. v. JamesCourt of Appeals of Texas · 1903
- Ellerd v. CampfieldCourt of Appeals of Texas · 1913
3Cited by10 opinions
- Texas Co. v. SchriewerCourt of Appeals of Texas · 1931
- Texas Employers Ins. Ass'n v. ReedCourt of Appeals of Texas · 1941
- Osage Oil & Gas Co. v. CaulkCourt of Appeals of Texas · 1922
- Thompson v. Van NattaCourt of Appeals of Texas · 1925
- Interstate Amusement Co. v. Fred Fisher, Inc.Court of Appeals of Texas · 1924
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