Wichita Valley Ry. Co. v. Wood

Appellee sued to recover the sum of $125, the value of a mule alleged to have been killed by a train of appellant, and the further sum of $20 as an attorney’s fee, under article 2178, Vernon’s Sayles’ Ann. Civ. St. 1914. Upon trial, without a jury, he recovered judgment as prayed for. The appellant’s right of way was fenced, but the fence was in bad state of repair, being in places not over 18 inches high. It is asserted the evidence is insufficient to show that the animal entered upon the right of way over the defective fence instead of through a gate which had been placed in the fence for…