Chicago, R. I. & G. Ry. Co. v. Porter
Court of Appeals of Texas
Appeal from Dallas County Court; W. F. Whitehurst, Judge. Action by D. K. Porter against the Chicago, Rock Island & Gulf Railway Company, which impleaded the city of Dallas. From judgment for plaintiff, which denied the defendant relief against the impleaded city, defendant appeals. This was a suit by appellee Porter against appellant to recover the value of a horse killed by a train operated over its line of railway.
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Appeal from Dallas County Court; W. F. Whitehurst, Judge. Action by D. K. Porter against the Chicago, Rock Island & Gulf Railway Company, which impleaded the city of Dallas. From judgment for plaintiff, which denied the defendant relief against the impleaded city, defendant appeals. This was a suit by appellee Porter against appellant to recover the value of a horse killed by a train operated over its line of railway. It was alleged that the horse was killed “through the negligence and want of ordinary care of defendant’s agents and em-ployés operating its said cars, and through the failure…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] The court instructed the jury, other conditions concurring, to find for appellee Porter if they believed from the evidence that appellant “failed to keep its track fenced with a fence sufficient to prevent stock of ordinary docility from getting through and upon the railroad track.” Having properly fenced its track, in the first instance, appellant insists that the duty it owed was only to use ordinary care to keep it so fenced, and cites Ry. Co. v. Reitz, 27 Tex. Civ. App. 411, 65 S. W. 1088, decided by the Court of Civil Appeals for the First District,…
2Cases cited4 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. MillerTexas Supreme Court · 1904
- City of Galveston v. BrownCourt of Appeals of Texas · 1902
- Galveston, Harrisburg & San Antonio Railway Co. v. ReitzCourt of Appeals of Texas · 1901
- Texas Central Railway Co. v. PruittCourt of Appeals of Texas · 1908
3Cited by3 opinions
- Quanah, A. & P. Ry. Co. v. PriceCourt of Appeals of Texas · 1917
- Fort Worth & D. C. Ry. Co. v. JenkinsCourt of Appeals of Texas · 1923
- Fort Worth & D. C. Ry. Co. v. HarrisCourt of Appeals of Texas · 1923