Missouri, K. & T. Ry. Co. v. Lovell
Texas Supreme Court
Certified Question from Court of Civil Appeals of Second Supreme Judicial District. Suit by G. W. Lovell against the Missouri, Kansas & Texas Railway Company of Texas. Judgment for plaintiff was reversed by the Court of Civil Appeals, and a question was certified to the Supreme Court. 179 S. W. 1111.
1Opinion of the Court
PHILLIPS, O. J.
According to the certificate, the suit of the plaintiff was for damages for the killing of one mare and injury to four other horses. The animals entered upon the defendant’s fenced right-of-way *930through.a gap or gate in the fence negligently left open by the defendant. While thus upon the right-of-way they were frightened by an unusual and negligent blowing off of steam, sounding of the whistle and ringing of the bell of a passing train, causing three of them to run through the fence at one place and the fourth to run upon a bridge of the defendant on the right-of-way.
The mare,…
2Cases cited4 opinions
- Wallis, Landes & Co. v. StuartTexas Supreme Court · 1899
- Herf and Dittmar v. JamesTexas Supreme Court · 1893
- McCurdy Daniels v. ConnerTexas Supreme Court · 1902
- Kidd v. Rainey, Chief JusticeTexas Supreme Court · 1902
3Cited by8 opinions
- Simpson v. McDonaldTexas Supreme Court · 1944
- Gulf, Colorado & Santa Fe Railway Co. v. GormanTexas Supreme Court · 1922
- International-Great Northern R. v. MotleyCourt of Appeals of Texas · 1929
- Missouri, K. & T. Ry. Co. of Texas v. OrrCourt of Appeals of Texas · 1925
- Bigham v. HinesCourt of Appeals of Texas · 1920
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