International & Great Northern Railroad v. Dunham

Citations

• 68 Tex. 231
• 4 S.W. 472
• 1887 Tex. LEXIS 672

Syllabus

<p>1. Negligence—Railway Companies.—In the absence of evidence that an injury to cattle running at large in the settled portion of an incorporated town at a railway depot, was caused by the negligence of a railway company whose engine inflicted the injury, no damages can be recovered.</p> <p>2. Case Followed.—The decision in International & Great Northern Railroad Company v. Cocke, 64 Texas, 1,51, to the effect that the general terms of the statute imposing a liability on railway companies for injuries done to animals unless their railways are fenced, do not apply to such places as public necessity or convenience require should be kept unfeneed, such as the streets o£ a town, depot and contiguous grounds, crossings of highways, and other like places, followed.</p> <p>3. Evidence.—In a suit against a railway company for an injury inflicted by its engine on animals running at large, it is competent for the company to prove that under a local law, stock were not permitted to run at large at the place where the injury was inflicted. Where such a law exists the company would only be liable when guilty of gross negligence.</p> <p>4 Damages.—When a railroad is owned by one company, and is, without authority of law, leased to another company, both are liable for injuries , inflicted wrongfully by the lessee; the company owning the original franchise because it could not relieve itself without legislative permission, from liability for the acts and default of its lessee, and the lessee because of its actual operation of the road.</p>