Texas & P. Ry. Co. v. Stevens

173 S.W. 629, 1915 Tex. App. LEXIS 17

• Court: Court of Appeals of Texas
• Decided: January 21, 1915
• Docket: No. 1391.
• Status: Published

Opinion

HODGES, J.

The appellee sued the appellant to recover damages in the sum of $250, alleged to be the value of an animal injured in a collision with one of appellant’s trains. The facts show that the animal was killed in the corporate limits of the city of Bonham, near the passenger depot. After a trial before a jury, a judgment was rendered in the appellee’s favor for $200.

Appellant insists that the testimony was insufficient to support the verdict and judgment, and that the court should have giveu a peremptory instruction directing a verdict for the appellant. We have carefully examined the evidence, and think the assignment should be overruled. There was evidence upon which the jury might base a finding of the negligence alleged.

The remaining assignments of error are without merit, and are overruled.

The judgment is affirmed.