Galveston, Harrisburg & San Antonio Railway Co. v. Baumgarten

FLY, Associate Justice.

This is a suit instituted by Emil H. Baumgarten and Susie J. Baumgarten, to recover damages alleged to have been received by the latter through the negligence of appellant, in having a decayed culvert, through which the horse of Mrs. Baumgarten fell, and she was thereby precipitated from her buggy and permanently injured.

The statement of facts justify the conclusion that Mrs. Baumgarten, while crossing a culvert erected and maintained by appellant on one of the streets of the town of Schulenburg, in her buggy, was thrown from the same and seriously and permanently…