Toledo, St. Louis & Kansas City Railroad v. Fly

Appellee sued for damages by reason of the *603killing of his horse, which entered upon appellant’s track at a point where it ought to have been, but was not, fenced.

The only error argued relates to the sufficiency of the evidence, and the only point made upon that is that it is conclusively shown that, at the place where the horse entered, the company was not bound to fence.

There is evidence tending to show that the horse entered upon the appellant’s right of way on the north side of it, from a highway which crossed it and where there was no cattle guard and wing fences. The railroad runs east…