Missouri, Kansas & Texas Railway Co. v. Baker

WILLIAMS, Associate Justice.

Certified questions from the Court of Civil Appeals for the Fifth District, as follows:

“The appellee, as plaintiff below, brought this suit to recover damages of appellant for the alleged negligent killing of plaintiff’s horse by a train at a public crossing on appellant’s railroad track.

“A trial resulted in a verdict and judgment for plaintiff.

“The evidence is sufficient to support the verdict that plaintiff’s horse was killed by one of appellant’s trains at a public crossing. The evidence further shows that the railroad track is fenced, except at the crossing.…