Dallas Gas Co. v. Wheat

Appellee sued to recover from appellant the value of a horse that was killed by falling into a ditch dug by appel lant along a street in the corporate limits of the city of Dallas. On the trial of the cause a judgment was rendered for appellee for the sum of $250.

The facts are that appellant excavated a ditch for laying its pipes along Worth street. The ditch was 400 or 500 feet in length, 43 inches in depth, and 40 inches in width. The ditch remained open and unguarded for 8 or 10 days, except at night, when red lights were placed along the side of the ditch to give warning. Plaintiff’s…