Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 454

,454 HOUSTON & T. C. R. W. Co. v. TERRY. [Term of
Opinion of the Court.
the mare and kill her, and in like manner, seriously to injure
her colt. Defendant's cars and engine being run at a greater
rate of speed than six miles an hour (to wit, twenty miles an
hour) within an unfenced portion of corporation limits of
the city of Houston, and contrary to the municipal regulations
of the same; that while so running, no bell was rung nor
whistle blown; that the injury was caused by the negligence
and willful misconduct of defendant, and that the train while so
running, not only struck said mare and colt, but forced them
from the track, and threw said mare upon iron car wheels,
causing the death of said mare,
There was evidence tending to prove that the colt was injured,
and that the mare was killed by being thrown by the
" cow-catcher" on some ironscar wheels lying near the track,
and that the train was running at a high rate of speed on an
unfenced part of the railroad track within the corporate limits
of Houston. There was also some evidence for the defendant
tending to prove that the train was running at a less rate of
speed than six miles an hour; that the animals were not on the
track on which the train was running; that the mare was not
touched or struck by the train, but was killed by reason of her
jumping among the car wheels, being near the track, on the
approach of the train. Under the charge of the court, the jury
found for the plaintiff.
The second paragraph of the charge directed the jury to
find for the plaintiff, if from the evidence they believed the
train was moving at a greater rate of speed than six miles an
hour within the corporation limits of Houston, and if by reason
of such high rate of speed, the mare was killed, and the
colt injured itself, even though " the mare killed herself; and
the colt injured herself," and the animals were not touched by
the "cow-catcher," or cars of defendant, provided the-high
rate of speed was the direct cause of the death and injury to
the animals; if the jury were not so satisfied, the instruction
was to find for defendant. It is not necessary to say what in
our opinion would be the liability of the defendant in this suit,