Townsend v. Northern Pacific Railway Co.

Tifie opinion of the court Avas delivered by

Reavis, C. J.

Action for damages against railway company for killing cattle. The negligence charged in the complaint was in the construction of engine, cars, and appliances of the train operated by defendant,- and fences, crossings, gates, and bars; failure to keep’ same in repair upon the right of way; careless operation of the engine and cars, and that near the place where the killing occurred the railroad track Avas not properly fenced, and the cattle therefore strayed upon the improperly and negligently guarded right of way. The answer denied the…