Houston T. C. R. Co. v. King

This is a suit to recover damages for killing two cows belonging to appellee. The evidence shows that the cows were killed by appellant’s train in the town of Waller, at a place where the appellant was not required to fence its track. Grass was growing upon the railway track, and cattle and horses were accustomed to graze upon the same, which fact was known to the trainmen operating appellant’s train. There was nothing to have prevented the engineer from seeing one of the cows, which is shown to have been upon the track when the engine was from 50 to 75 yards from her. The train was a through…