Gulf, C. & S. F. R. v. Matlock

GRAY, Justice.

Appellee sued appellant for the value of a cow owned by him and killed by one of appellant’s trains, and for an attorney’s fee. The accident occurred on a public road crossing over appellant’s right of way.

The evidence is undisputed that prior to the accident appellant’s right of way had been fenced and cattle guards placed at the public road crossing. At the time of the accident, and for some time prior thereto, the fences for a considerable distance from the crossing were in such state of repair that livestock grazed at will upon the right of way. Also, trucks and wagons…