San Antonio & Aransas Pass Railway Co. v. Peterson
Court of Appeals of Texas
Appeal from County Court of Lee County. Tried below before Hon. M. M. Teague. The opinion states the case. 1. Each and every railroad shall be liable to the owner for the value of all stock killed or injured by the locomotives and cars of such railway company in running over their respective railways. If the company fence in its road, it shall only be liable for want of ordinary care. Bev.
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Appeal from County Court of Lee County. Tried below before Hon. M. M. Teague. The opinion states the case. 1. Each and every railroad shall be liable to the owner for the value of all stock killed or injured by the locomotives and cars of such railway company in running over their respective railways. If the company fence in its road, it shall only be liable for want of ordinary care. Bev. Stats., art. 4245. 2. Although a railroad company is in default for not maintaining a fence.between its right of way and the pasture land of an adjoining owner, yet when such owner habitually turns his…
1Opinion of the Court
COLLABD, Associate Justice.
Action for damages for value of plaintiff’s (appellee’s) mule killed by a train of defendant (appellant). The railroad ran through plaintiff’s farm or pasture; the pasture was fenced. Plaintiff turned the mule into the farm or pasture and it was killed as stated. The court below gave judgment for plaintiff for the value of the mule; and defendant has appealed.
Opinion. — The contention of appellant is, that the railroad right of way is fenced within the terms of the law, and therefore it would not be liable for the value of the mule in the absence, of negligence.
We…
2Cases cited1 opinion
- Texas Central R'y Co. v. ChildressTexas Supreme Court · 1885
3Cited by3 opinions
- Baker v. StateCourt of Criminal Appeals of Texas · 1903
- City of Fort Worth v. AllenCourt of Appeals of Texas · 1895
- Tucker v. StateCourt of Criminal Appeals of Texas · 1924