Houston & Texas Central Railroad v. White & Baskin

KEY, Associate Justice.

-Appellees recovered judgment for $125 against appellant for injuries to a mule. At the timé in question the mule was in a field through which appellant’s railroad extended. It was found under the cattle guard with one leg broken.

We overrule all of the assignments of error, except the second, which complains of the following paragraph of the court’s charge: “How, if you believe from a preponderance of the testimony in this case that defendant failed to use ordinary care in the construction and maintenance of its cattle-guard, and that its said cattle-guard was not a…