Missouri, Kansas & Texas Railway Co. v. Willis

COLLARD, Associate Justice.

This suit was brought by R- F. Willis against the appellant company in justice court for $150 damages, for killing two horses of the plaintiff at a flag station called Horton. Judgment was recovered by plaintiff for $70, 'and the cause appealed to the County Court, where it was tried de nova, resulting in a judgment for plaintiff for $75. Defendant has appealed to this court.

There was a spur- track opposite the place where the horses were killed, placed there for the convenience of the public, and used for loading wood, farm products, etc. The right of way along the…