Fort Worth & Denver City Railway Co. v. Worsham

SPEEB, Associate Justice.

—Appellee recovered judgment against appellant in the sum of $343.50, the value of certain cattle alleged to have been killed through appellant’s negligence in maintaining its right of way fence and in operating its engines.

Appellant’s first assignment of error calls in question the following paragraph of the court’s charge: “3. If you find and believe from the evidence that defendant’s right of way fence was a good and sufficient fence to turn stock and keep stock off its right of way and track, and you find that the cattle or any of them entered through the gate and…