Texas & Pacific Railway Co. v. Corn

The defendants in error sued the plaintiff in error for negligently killing certain cattle found upon the right of way of the railroad company and recovered judgment. The company’s track "was fenced at the scene of the accident, but there was a gate for the convenience of the neighborhood put into the fence. At what 'time, for what purpose and at whose instance, the evidence does not disclose. In the charge of the court the jury were authorized to give. a verdict for the plaintiff in the event either that the company was negligent in keeping the gate in good repair or so that it would exclude…