Toledo, Canada Southern & Detroit Railway Co. v. Eder

The railway track of the plaintiff in error crosses Eder’s farm, and on July 5,1879, a small piece of the fence built there by the company was accidentally destroyed by fire, and some of Eder’s cattle wandered through the gap and were killed by a passing train. Eder brought this action against the company under the Act of 1873 (Laws 1873 p. 538), to recover for the injury, and under the rulings of the circuit judge the jury awarded damages.

*330There was evidence tending to show that the section foreman of the company, being the agent employed for that purpose, passed daily over the road to see…