Railroad v. Hughes

This is an action on tho case commenced in the Circuit Court of Warren County by J. N. Hughes against the railroad company, to recover damages for the killing of plaintiff’s mare. There was a verdict and judgment in favor of the plaintiff for one hundred and lifty dollars. The company appealed and has assigned errors.

The third assignment of error is that the Circuit Judge charged the jury, inter alia, that “it is incumbent upon the defendant to show that its road is fenced with a good and lawful -fence and sufficient cattle guards.” Tt is insisted on behalf of plaintiff in error, that the Act…