Bigham v. Hines

Appellant sued appellee for the death of one mare of the value of $125 in the county court of Hill county. The appellee answered by general denial. The trial court submitted issues to the jury, upon the answers to which issues the court entered a judgment for appellee.

The appellee had fenced its road along that portion which under the law is not required to be fenced, but which appellee allowed to get out of repair. Plaintiff’s mare got through the fence onto the right of way and was killed as a result of the negligenqe of appellee’s employés.

Certain issues were submitted to the jury as…