Opinion
No. 2606.
July 6, 1922. Rehearing Denied October 12, 1922.
Appeal from District Court, Morris County; R. T. Wilkinson, Judge.
Action by R. M. Hervey against James C. Davis, Agent. Judgment for plaintiff, and defendant appeals. Affirmed.
Schluter Singleton, of Jefferson, for appellant.
French Price, of Daingerfield, for appellee.
This appeal is from a judgment in favor of the appellee for $85 as the value of a horse killed upon the railway track, and $20 as attorney's fees. The evidence is sufficient to support a finding that the animal was struck at a point where the track was unfenced, and not within any switching limits. The judgment is affirmed.