Texas N. O. R. Co. v. Lovett

On Motion for Rehearing.

ICING, J. I agree that this case should be reversed, but I do so solely because the evidence does not show negligence. It is shown by the record that appellant’s track was fenced against hogs. It therefore became necessary for appellee to prove negligence as to the killing of the hogs sued for. I have examined this record carefully, and am unable to find proof of any negligence upon the part of appellant. We are left in the realm of conjecture as to the manner of the death of the hogs. No witness testified that he saw how they were killed.

I am unwilling, however, to…