Red River, Texas & Southern Railway Co. v. Dooley

SPEER, Associate Justice.

Appellee sued appellant to recover the sum of $250 for the killing of two horses belonging to him. The negligence relied upon consisted of carelessness in the operation of the train of cars which killed said horses, defective stock gap or cattle-guard over which the animals entered, failure to keep a proper lookout to discover the stock upon the track, and lastly the failure to use the means at hand to prevent such killing after the animals were discovered upon the track. The appellant replied that if appellee’s horses were killed by it they were running at large…