Chicago, R. I. & G. Ry. Co. v. Rhone

On Motion for Rehearing.

Appellee complains of our failure to discuss the cases cited in his brief and relied on to sustain the judgment of the trial court; particularly International & G. N. Ry. Co. v. Dixon, 49 Tex.Civ.App. 506, 109 S.W. 978, 979, which appellee says is the only case in the law books upon the state of facts involved in this case.

In that case the evidence showed that after plaintiff's horses had entered upon the right of way through an open gate in the right of way fence, they became frightened at an approaching train and ran down the track in front of it and fell into a…