Legal Opinion

Texas & Pacific Railway Co. v. Dean

Court of Appeals of Texas

Decided April 22, 1909Published

Appeal from the County Court of Midland Couty. Tried below before Hon. Chas. Gibbs.

1Opinion of the Court

HODGES, Associate Justice.

In this case the appellee recovered a judgment against the appellant for the aggregate sum of $400.00 for the death of a mule and an injury to a horse. It is claimed that the mule was killed by being negligently struck and run over by one of the appellant’s trains. The sufficiency of the evidence to support the finding of negligence is challenged by the different assignments of error. It is shown that the mule escaped from a lot and was upon a crossing where a road commonly used by the public crossed the appellant’s track, and that the appellant’s agents in charge of…

2Cases cited2 opinions

  1. Houston & Texas Central Railroad v. Red Cross Stock FarmCourt of Appeals of Texas · 1899
  2. St. Louis Southwestern Railway Co. v. KilmanCourt of Appeals of Texas · 1905

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