Bell v. Southern Pacific Co.

MYERS, J., pro tem.

Upon further consideration we are satisfied with, and hereby adopt, as part hereof, the following opinion herein of the district court of appeal for the first district, written by Mr. Justice Waste:

“This is an appeal by the defendant from a judgment of the lower court awarding plaintiff $1000 damages, and costs, for the killing of certain horses. The cause of action was based upon the alleged failure of the defendant to maintain good and sufficient fences along its right of way, by reason of which the animals were allowed to go on the track of the railroad where they were…