Chicago, Rock Island & Gulf Railway Co. v. Wilson

OPINION ON REHEARING.

SPEER, Associate Justice.

— On the original hearing we affirmed

this case on the authority of Texas Central Railroad Company v. Pruitt, 101 Texas, 548, stating in our conclusions that: “The injury (killing of live stock) occurred at a point where gates had been placed by the railway company across a lane, the other end of which was open, and there is nothing in the record to show that the company could not fence its road at this point, or even that it was required to place a gate at such place. Under such circumstances, the animals having entered through the open gate, the…