International & Great Northern Railroad v. Hughes

Stayton, Associate Justice.

The evidence was conflicting as to whether the animal belonging to the appellee was injured by actual contact with the locomotive on appellant’s railway, but there was sufficient evidence to justify the submission of the question to the jury, as was correctly done by the first paragraph of the charge given.

The jury would, however, have been authorized to find from the evidence that there was no contact between the animal and the train, and that the animal, through fright, ran upon the trestle and was thus wounded.

The appellant asked an instruction to the effect that…