Texas & P. Ry. Co. v. Cook

The appellee sued and recovered a judgment against the appellant for the value of two mules killed on the railway right of way. The facts show that the railroad ran through the premises of the ap-pellee, and the track was inclosed by a four-wire fence. Gates had been left at convenient points for the accommodation of the ap-pellee in crossing. The fence was apparently in good condition, except at some places where it crossed ravines or ditches. In two of those places the lower wire was so far above the bottom of the ravine as to permit animals to pass through on to the right of way. The…