Gulf, Colorado & Santa Fe Railway Co. v. Wallace

WILLIAMS, Associate Justice.

The holding of the county judge, that because the road of appellant was not fenced at the point where the animal was killed, it was liable without proof of negligence in such killing, was erroneous.

The evidence showed, that at that place appellant had established a flag station and siding where passengers were taken on and put off, and where freight was received and delivered by it, and where switching of trains was necessary for these purposes. It also appeared that across its main line and switch appellant kept up a crossing for a road, which had been in use…