Cook v. Texas & P. Ry. Co.

This is the second appeal of this case. The former is reported in 279 S. W. 292. Appellant sued to recover $400 as the value of two mules killed by one of appel-lee’s trains on the railway right of way. The facts show that at that point the railroad runs east and west through a pasture belonging to the appellant. The right of way had been inclosed with a fence. Gates were left on each side of the railroad for the convenience of the appellant. The mules were killed about 100 feet east of where the gates were located. No negligence was shown in the, operation of the train as a cause of the…