Gulf, Colorado & Santa Fe Railway Co. v. Hudson

STAYTON, Chief Justice.

—Appellee owned and was driving a large herd of cattle along the public highway from Texas to the Indian Territory, when at night he stopped them on unenclosed land more than one-half mile from appellant’s road. During the night there was heavy rain accompanied with thunder and lightning. The cattle, despite the efforts of the servants of appellee to prevent it, drifted to and upon the railway, and while there, the night being very dark, many of them were killed and crippled by collision with a train on appellant’s road, which was unfenced. To recover damages for the…