Legal Opinion

Penshorn v. International & G. N. Ry. Co.

Court of Appeals of Texas

Decided May 31, 1916No. 5692PublishedCited by 1 opinion

Appeal from District Court, Comal County; Frank S. Roberts, Judge. Action by Otto Penshorn against the International & Great Northern Railway Company. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

FLY, O. J.

This is an action for damages resulting from the killing of two horses and two mules of the aggregate value of $1,-000, while they were on the track of appel-lee. The negligence, as alleged, consisted in having a gate in a fence dividing appellant’s land, which was not erected for the benefit of appellant, but was unnecessary, as there was a trestle on the railroad, under which appellant could pass from one part of his land to the other; that it was negligent in appellee to permit the gate to remain in the fence, and in permitting the gate to remain open so that the animals of…

2Cases cited2 opinions

  1. Texas & Pacific Railway Co. v. GlennCourt of Appeals of Texas · 1894
  2. San Antonio & Aransas Pass Railway Co. v. GrierCourt of Appeals of Texas · 1898

3Cited by1 opinion

  1. Butler v. BakerCourt of Appeals of Texas · 1920

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