Paris M. P. R. Co. v. Russell

FUNDERBURK, Justice.,

T. C. (Dock) Russell brought this suit against Paris & Mt. Pleasant Railroad Company to recover the value of a mule alleged to have been struck and killed, on an unfenced portion of defendant’s right of way, by a locomotive or cars running over, the railroad track. In the trial in county court upon appeal from the justice’s court, the jury, to whom the case was submitted on special issues, found that the mule was injured and its death caused by being struck by the locomotive or cars of the defendant railway company while running over its road; that the right of way of…