Chicago, Indianapolis & Louisville Railway Co. v. Croy

Suit by appellee, commenced before a justice of the peace, to recover expenses incurred in constructing a fence along appellant’s right of way. Appellant’s railway line adjoins land owned by appellee. The fence on the division line was destroyed by fire, and on-May 23, 1901, appellee served a written notice on appellant to rebuild the fence. After this notice was served, appellant, some time in June, 1901, built a fence, but the same was not sufficient and suitable to turn and prevent cattle, sheep, or hogs from passing from appellee’s land to appellant’s right of way. The fence remained in…