Ft. Worth & D. C. Ry. Co. v. Scheer
Court of Appeals of Texas
Appeal from Clay County Court; W. T. Allen, Judge. Action by C. S. Scheer against the Ft. Worth & Denver City Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHendricks, J.
The appellee filed this suit against the appellant, the Ft. Worth & Denver City Railway Company, in the county court of Clay county, alleging in substance that the defendant’s train killed 10 head of steers and crippled another owned by him, by striking them with its engine; that the appellant was guilty of negligence, first by not having its track properly fenced, and, second, on account of the engineer failing to stop said train and avoid striking said cattle.
[1-3] Appellant criticised the first paragraph of the court’s main charge to the jury, which paragraph is as follows:
“If you believe,…
2Cases cited3 opinions
- Penn Mutual Life Insurance v. ManerTexas Supreme Court · 1908
- Texas & Pacific Railway Co. v. CornTexas Supreme Court · 1908
- St. Louis Southwestern Railway Co. v. AdamsCourt of Appeals of Texas · 1900