Eastern Texas Electric Co. v. Kappe

Appellant operates an electric railway between the cities of Beaumont and Port Arthur in Jefferson county. Eor some years it has had its right of way between these cities fenced. . On the 28th of December, 1919; a few miles out of the city of Port Arthur, one of its cars struck a cow and was derailed. Appellee, who was a passenger on. this car, suffered serious injury by reason of the derailment, and this suit was brought for damages for such injury.

The case was submitted to the jury on the following special issues:(1) “Do you find from a preponderance of the evidence that the derailment and…