Texas Central R'y Co. v. Childress
Texas Supreme Court
Appeal from Bosque. Tried below before the Hon. Jo. Abbott. This was a suit by A. W. Childress against the Texas Central Railway Company for damages for killing a cow of plaintiff’s by defendant’s engine.
Read the full summary
Appeal from Bosque. Tried below before the Hon. Jo. Abbott. This was a suit by A. W. Childress against the Texas Central Railway Company for damages for killing a cow of plaintiff’s by defendant’s engine. There was a judgment in the justice’s court for plaintiff for $40 and costs, from which defendant appealed to the district court of Bosque county, the appeal bond being filed on July 18, 1883. The case was tried in the district court on the 26th day of August, 1884, and plaintiff (on an agreed statement of facts) recovered a judgment for $40 and costs.
1Opinion of the Court
Willie, Chief Justice.
Article 4245 of our Revised Statutes reads as follows: “Each and every railroad company shall be liable to the owner for the value of all stock killed or injured by the locomotives and cars of such railroad company, in running over their respective railways, which may be recovered by suit before any court having competent jurisdiction of the amount. If the railroad company fence in their road, they shall only then be liable in cases of injury resulting from the want of ordinary care.”
It is urged by the appellant’s counsel that this article is unconstitutional, unless we…
2Cases cited5 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- Blair v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1866
- Bethje v. Houston & Central Texas Railway Co.Texas Supreme Court · 1863
- Atchison & Nebraska Railroad v. HarperSupreme Court of Kansas · 1878
3Cited by12 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1888
- Fort Worth & D. C. Ry. Co. v. WelchCourt of Appeals of Texas · 1944
- Fort Worth & Rio Grande Railway Co. v. SwanTexas Supreme Court · 1904
- Gulf, Colorado & Santa Fe Railway Co. v. HudsonTexas Supreme Court · 1890
- International & G. N. R. v. SchramCourt of Appeals of Texas · 1911
7 more not listed; retrieve them via the Exa API.