Hines v. Curlee

Appellee sued appellant for damages for alleged negligence in killing a mule belonging to appellee, and for a reasonable attorney’s fee as provided by the statute in such eases.

The ease was submitted to a jury upon the following special issues:-

“Special Issue No. 1. Was the mule belonging to plaintiff struck and thereby killed by the engine and cars operated by the agents and employés of defendant, as alleged? Answer ‘Yes’ or ‘No.’ ” Answer:. “Yes.”

“Special Issue No. 2. Could the defendant’s track or right of way, at the said point where said mule was struck and killed, have been fenced…