Evans v. Sherman, Shreveport & Southern Railway Co.

FISHER, Chief Justice.

Opinion.—The appellee, in the operation of one of its trains, killed a mare, the property of the appellant, within the corporate limits of the city of Greenville, where stock was prohibited from running at large, and at a place where the track and right-of-way was not fenced, and where it could have been fenced.

There was evidence tending to show that the mare was tied with a. rope by the son of appellant close to the. right-of-way and that she broke the rope and was afterwards found killed close to the appellee’s track. There is no evidence showing how she was killed,…