Galveston, H. & H. Ry. Co. v. Leggio

Court of Appeals of Texas

Galveston, H. & H. Ry. Co. v. Leggio

166 S.W. 698, 1914 Tex. App. LEXIS 404

CourtCourt of Appeals of Texas

DecidedApril 22, 1914

DocketNo. 5,265.

StatusPublished

Cited by1 cases

This text of 166 S.W. 698 (Galveston, H. & H. Ry. Co. v. Leggio) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Galveston, H. & H. Ry. Co. v. Leggio, 166 S.W. 698, 1914 Tex. App. LEXIS 404 (Tex. Ct. App. 1914).

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Opinion

CARL, J.

Appellee, V. Leggio, sued the Galveston, Houston &! Henderson Railway Company for the value of a mule killed by one of appellant’s engines at Dickinson, in Galveston county, and recovered $125, from which judgment this appeal is prosecuted.

The engineer testified that his train was running about 35 miles per hour through, the town of Dickinson, no stops being made between Houston and Galveston; and he says he could not have stopped his train *699 without endangering the lives and limbs of the passengers. Other testimony is to the effect that the track was straight and that the mule was on the track while the train was yet about a half mile away; that they tried to scare the mule away; and that the train did not slow down, even after it struck the deceased. These facts justified the trial court in concluding that the engineer could have seen the faithful beast of burden in time to stop, and that he made no effort to do so, thereby causing the untimely demise of Leggio’s mule.

There are but two assignments of error, which we have carefully examined, and, finding them without merit, same are overruled.

Judgment is affirmed.

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CARL, J.

Appellee, V. Leggio, sued the Galveston, Houston &! Henderson Railway Company for the value of a mule killed by one of appellant’s engines at Dickinson, in Galveston county, and recovered $125, from which judgment this appeal is prosecuted.

The engineer testified that his train was running about 35 miles per hour through, the town of Dickinson, no stops being made between Houston and Galveston; and he says he could not have stopped his train *699 without endangering the lives and limbs of the passengers. Other testimony is to the effect that the track was straight and that the mule was on the track while the train was yet about a half mile away; that they tried to scare the mule away; and that the train did not slow down, even after it struck the deceased. These facts justified the trial court in concluding that the engineer could have seen the faithful beast of burden in time to stop, and that he made no effort to do so, thereby causing the untimely demise of Leggio’s mule.

There are but two assignments of error, which we have carefully examined, and, finding them without merit, same are overruled.

Judgment is affirmed.

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166 S.W. 698, 1914 Tex. App. LEXIS 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galveston-h-h-ry-co-v-leggio-texapp-1914.

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