Gulf, Colorado & Santa Fe Railway Co. v. Cash
Court of Appeals of Texas
Appeal from the County Court of Bosque. Tried below before Hon. W. B. Thompson. 1. Where a railroad company has fenced its track with a good and sufficient fence to turn stock, it is only bound to use ordinary care to keep such fence in good condition, and will not be liable for stock entering through defects in such fence, unless it knew of such defects, or the same had existed for such a length of time as that it ought, in the exercise of ordinary care, to have known of…
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Appeal from the County Court of Bosque. Tried below before Hon. W. B. Thompson. 1. Where a railroad company has fenced its track with a good and sufficient fence to turn stock, it is only bound to use ordinary care to keep such fence in good condition, and will not be liable for stock entering through defects in such fence, unless it knew of such defects, or the same had existed for such a length of time as that it ought, in the exercise of ordinary care, to have known of the same. 7 Am. and Eng. Encyc. of Law, 918; 2 Shearm. & Redf. on Neg., 4 ed., sec. 425; Clardy y. Railway, 73 Mo., 576; 7…
1Opinion of the Court
STEPHENS, Associate Justice.
This action was brought to recover damages done by one of appellant’s trains to appellee’s mules.
The railway track extended through appellee’s pasture and that of one Helm, between which pastures there was a partition fence. The evidence tended to show, that the appellant company had at some time previous to the accident fenced in its track through these pastures, and that this fence, when built, was sufficient. As to whether it was sufficient at the time of the accident, the evidence was conflicting; that of appellee tending to show, that in one place there was a…
2Cited by1 opinion
- Missouri, K. & T. Ry. Co. of Texas v. AttawayCourt of Appeals of Texas · 1915