Leslie v. Wabash Railroad

This action was begun by appellant against the Wabash Railroad Company before a justice of the peace to recover damages for the wrongful killing of two head of cattle and injuring two others. At the conclusion of all the evidence the Circuit Court directed a verdict for the appellee and this ruling presents the only question that need be considered.

The evidence shows that the cattle got upon appellee’s right of way through a slide gate which formed part of the right of way fence. The gate in question had not been used for a number of years. The right of way was properly fenced and the gate in…