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

FLY, Associate Justice.

Appellee sued appellant to recover the value of two horses killed by its. train and for damages to a wagon, and recovered the sum of $351.

It appears that the horses were hitched to a wagon and were standing with their faces towards the track. They were not in charge of any one, the only restraint on them being that the lines were tied to the seat of the wagon. While they were so standing a train came by and the horses becoming alarmed rushed on the track in front of the locomotive and were struck and killed. The horses and wagon were at the place where those who came…