Tex. & Pac. R'y Co. v. Mitchell

Opinion by

Hurt, J.

(Transferred from Austin.J

§ 373. Charge of the court; requested charge properly refused, when; case stated. Appellee recovered a judgment against appellant for the value of a mare alleged to have been killed by appellant’s engine and cars. There was evidence tending to show that the mare was diseased, and that her death was caused by disease or from falling in the railroad nut, or from both disease and a fall. Upon this subject the court charged the jury: “That the burden is upon the plaintiff to show that the defendant killed said mare, and its market value.” Defendant…