Legal Opinion

Ludtke v. Texas & N. O. R.

Court of Appeals of Texas

Decided November 23, 1910Published

Appeal from Harris County Court; A. E. Amerman, Judge. Action by J. M. Dudtke against the Texas & New Orleans Railroad Company. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtJames, C. J.

This is an action, for the negligent killing of a horse in the city of Houston, where an ordinance was in force requiring a speed not exceeding six miles an hour. The specific acts of negligence alleged were that appellee had no fence along its right of way; that those in charge of the train failed to keep a proper lookout along the track and right of way; that'the bell was not ringing, nor the whistle sounded as the street crossing was approached; and the excessive speed; and the petition charged negligence in each and all of said acts, as the proximate cause. of the killing of the horse.…

2Cases cited3 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1897
  2. Culpepper v. International & Great Northern Railway Co.Texas Supreme Court · 1897
  3. Robertson and Byars v. HolmanCourt of Appeals of Texas · 1904

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