Jackson v. Texas & P. Ry. Co.

Plaintiff sued for the value and loss of the use of six mules and one horse, alleging that the animals were killed through the negligence of the employees of the defendant railroad company. His claim for the loss of the use of his stock was rejected by the court below on an exception of no cause of action. The defense of the railroad company to the other item of plaintiff’s demand is that its track and right of way near the point where the animals were struck were protected by a fence in good condition; that the animals reached the railroad track through a gate likewise in good condition…