International & G. N. R. v. Schram
Court of Appeals of Texas
Appeal from Williamson County Court; T. J. Lawhon, Judge. Action by Peter Schram against the International & Great Northern Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtJenkins, J.
This is a suit to recover the value of a jennet, alleged to have been run over and killed by appellant’s engine and cars. Trial before the court resulted in a judgment for $500 for appellee.
The court filed its conclusions of law and fact, finding: That said animal was killed 'by the cars of appellant at a place where its track was unfenced, and at a place where the same could have been fenced. “That in the reasonable and necessary use of defendant’s west yards at Taylor, for all purposes in switching and operating its trains and cars, it was not necessary to leave said right of way unfenced…
2Cases cited4 opinions
- Gulp, Colorado & Santa Fe Railway Co. v. BlankenbecklerCourt of Appeals of Texas · 1896
- City of Paris v. HaleCourt of Appeals of Texas · 1896
- Texas Central R'y Co. v. ChildressTexas Supreme Court · 1885
- International & Great Northern Railroad v. GarciaCourt of Appeals of Texas · 1909
3Cited by3 opinions
- Ft. Worth & D. C. Ry. Co. v. Decatur Cotton Seed Oil Co.Court of Appeals of Texas · 1917
- St. Louis, B. & M. Ry. Co. v. KnowlesCourt of Appeals of Texas · 1914
- Gulf, Colorado & Santa Fe Railway Co. v. TaylorTexas Supreme Court · 1925