
    TEXAS AND PACIFIC R'Y CO. VS. MITCHEL.
    Appeal from Grayson county.
    
      Negligence — Railroad Company — Liability.—When an animal (stock) is shown to have been killed by the cars of a railroad company, the owner is entitled to the value thereof, negligence or no, negligence, unless the company has its road fenced, if it be not unlawful to fence it at that place. A failure to fence is, of itself, such negligence as will make the company liable for the stock without proof of other negligence. To defeat this liability the company must show that the company has built and maintained, on both sides of the road, wherever it may lawfully do so, a fence sufficient to turn stock. The fact that the killing occurs within the limits of an incorporated city or town does not alter this rüle.
   Opinion by

Hurt, J.  