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San Antonio A. P. Ry. Co. v. Schendel

Court of Civil Appeals of Texas, San Antonio
Nov 26, 1913
161 S.W. 376 (Tex. Civ. App. 1913)

Opinion

November 26, 1913.

Appeal from Lavaca County Court; P. H. Green, Judge.

Action by Emil Schendel against the San Antonio Aransas Pass Railway Company, begun in justice court and appealed by defendant to the county court. From a second judgment for plaintiff, defendant appeals. Reversed and rendered.

Patton Schwartz, of Hallettsville, for appellant.


This is a suit for the value of a horse, alleged by appellee to have been killed, at a private crossing by a train, through the negligence of appellant. The allegation of negligence was that "the crossing at the time of the injuries hereinafter complained of was improperly, negligently, and carelessly constructed and maintained, and did not permit of the free and easy passage of cattle, horses, and other stock from part of said lands to the other part thereof." Appellant obtained a judgment in the justice's court for $150, which on appeal to the county court was reduced to $90.

It was shown that rocks had been thrown on each side of the crossing, which was a private one in a pasture, but no causal connection was shown to exist between the rocks and the death of the horse. There was no evidence that tended to show that the horse was killed by a train, except that he was dead near the crossing. No wounds, no blood, no broken bones, were shown to have existed. It may have been exceedingly wrong and improper for appellant to place rocks at or near the crossing to sustain its embankment, which rocks made it difficult for horses or cattle to cross, but that does not indicate that the rocks had anything to do with the death of the horse. Negligence that renders any one liable for damages must be the proximate cause of the injury.

The judgment is reversed, and judgment here rendered that appellee take nothing by his suit and pay all costs in this behalf expended.


Summaries of

San Antonio A. P. Ry. Co. v. Schendel

Court of Civil Appeals of Texas, San Antonio
Nov 26, 1913
161 S.W. 376 (Tex. Civ. App. 1913)
Case details for

San Antonio A. P. Ry. Co. v. Schendel

Case Details

Full title:SAN ANTONIO A. P. RY. CO. v. SCHENDEL

Court:Court of Civil Appeals of Texas, San Antonio

Date published: Nov 26, 1913

Citations

161 S.W. 376 (Tex. Civ. App. 1913)