Southern Kansas Railway Co. v. Cooper

SPEER, Associate Justice.

—Appellee sued appellant and recovered judgment in the sum of $75 for the value of a mule alleged to have been negligently killed by the railroad company. The evidence shows that the animal was killed within the appellant’s station grounds in the town of Miami, and at a place where it is not required by law to fence its right of wa/. Gulf C. & S. F. Ry. Co. v. Blankenbeckler, 13 Texas Civ. App., 249, 35 S. W. Rep., 331, and authorities cited. In such case it is incumbent upon the plaintiff to prove more than the mere killing; he must prove that it was negligently…