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TEXAS & N. O. R. CO. v. ALLEN

No. 12427.

251 S.W.2d 790 (1952)

TEXAS & N. O. R. CO. v. ALLEN.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 1, 1952.

Attorney(s) appearing for the Case

Keys, Holt, Russell & Keys, Corpus Christi, for appellant.

Ward & Brown, Corpus Christi, for appellee.

NORVELL, Justice.

The suit is one for damages occasioned by the death of a mare as a result of being struck by defendant's locomotive. The petition alleged that the defendant was liable for the death of the animal because of negligence. However, it appears from the trial court's findings and conclusions that the judgment against the defendant was based upon the provisions of Article 6402, Vernon's Ann.Civ.Stats., which provides that:

"Each railroad company...

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