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: 452
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452 HOUSTON & T. C. R. W. Co. v. TERRY. [Term of
Statement of the case.
yards or farther from the mare at the time she was struck;
that she was feeding on the north side of the track, and when
the train was within about twenty feet of her, she started to
cross the track in front of the engine, and did not seem to be
in a hurry, when the pilot caught her and threw her on the
south side of the track on some car wheels and killed her.
When he went to look at the mare, the colt ran.
The other witness was about the same distance from the
animals, and said the mare was on the north side of the track,
and when struck by the locomotive, was crossing the track
seemingly in a walk; she was thrown on some car wheels on
the south side, but the colt ran on ahead of the train; lie saw
it kick back at the train once, but don't know whether it got
hurt or not.
This was all the testimony of appellee as to the killing, and
the manner of killing.
Appellant, in defense, examined three eye-witnesses as to
the alleged killing, the first of which was the engineer of the
train. He testified he was coming in on time, blew the whistle
when within a mile and a half of the depot, and then had
twenty minutes within which to reach the depot in the city;
that after getting within the corporate limits, he had the bell
ringing until he reached the depot; that it was ringing at the
time the mare was killed, and he was then running four or
five miles an hour. He says he saw the mare, and she was on
the south side of the track, and remained on that side; that she
did not cross the track, and could not have done so without
being seen by him; that she ran on the south side in advance
of the engine, and did not seem much frightened until about
the time the engine got nearly opposite her, when she jumped
and fell on some truck wheels on the same side. He stated
positively that neither the mare nor the colt was on the track
ahead of him at any time, and no part of the train touched
either of them.
(Other witnesses testified that the animals were not touched
by the train.
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Texas. Supreme Court. 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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/460/: accessed April 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .