Legal Opinion

Baker v. McMillan

Court of Appeals of Texas

Decided December 6, 1917No. 762Published

Appeal from Anderson. County Court; E. V. Swift, Judge. • Suit by Major McMillan against James A. Baker, receiver of the International & Great Northern Railway Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtHarper, C. J.

This. suit was filed in justice court by appellee to recover the value of a horse killed by a passenger train operated by the receiver of the International & Great Northern Railway Company, and this appeal is from a judgment in county court for $100 and interest.

It was admitted by both parties in open court that the animal in question belonged to the plaintiff; that it was killed on the 2d day of November, A. D. 1915, by one of defendant’s trains; that the operatives of said train were not guilty of negligence in the killing of said animal; that the track and right of way where the animal was…

2Cases cited3 opinions

  1. Texas & Pacific Railway v. WebbTexas Supreme Court · 1908
  2. Missouri, Kansas & Texas Railway Co. v. TolbertTexas Supreme Court · 1907
  3. Fort Worth & Denver City Railway Co. v. HodgeCourt of Appeals of Texas · 1910

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