Wise v. Texas & P. Ry. Co.

PIARDY, Judge.

This is a suit in which plaintiff seeks to recover the sum of $255, alleged to be the value of two head of cattle killed by one of defendant’s passenger trains at a point on its main line railway where the right-of-way was unfenced. Plaintiff alleges negligence of the defendant’s employees operating the train in failing to keep a proper lookout; failure to give warning; failure to attempt to bring the train to a stop, and, generally, by operating the train in a negligent manner. Defendant specifically denied the charges of negligence and affirmatively asserted facts in…