Trevino v. Missouri Pacific Railroad

POPE, Justice.

Jose N. Trevino sued the Missouri Pacific Railroad Company for damages for running into and killing his cow on the railroad tracks inside the city limits of Pear-sall, Texas. The court rendered judgment for the Railroad upon a jury verdict. Trevino contends that Railroad, under the *461provisions of Article 6402, Vernon’s Ann. Civ.Stats., was liable, as a matter of law, because it did not fence its road.

Article 6402 does not apply when stock is killed within the area used for a depot, station grounds, or switching. St. Louis Southwestern Railway Co. v. Buice, Com.App., 275 S.W. 996;…