Robertson & Son v. New Orleans, Texas & Mexico Ry. Co.

The defendant railroad company is Sued for the value of three mules killed by its trains.

Plaintiff relies upon Act 70 of 1886 which places the burden upon railroads of disproving negligence in the killing of livestock by locomotives. Act 110 of 1886 relieves railroads of this burden when fences are maintained along the right-of-way.

There was a fence erected along defendant’s right-of-way where the mules were killed but it does not appear to have been in good condition and gates in the fence are shown to have been left open by someone, whether the fault be with the defendant in this respect is…