Swift & Co. v. McElroy

BROWN, Justice., ■

Appellee took a load of hogs to appellant’s stock yards, in Dallas, for the purpose of selling them to appellant. He was told by one of appellant’s employees “to follow his hogs through”— that is to say, to accompany his hogs through the chutes to the pen where the scales were situated, on which the hogs would be weighed; and appellee followed such instructions.

There were groups or herds of hogs both in front of and behind appellee. It was the duty of the owner of a herd of hogs to close the chute, or pen-gate, behind him so as to separate his hogs from those following, and…