Larson v. Chicago & Northwestern Railway Co.

Root, J,

This is an action to recover damages for the loss of two horses killed, as alleged, by reason of the defendant’s failure to maintain a fence as required by section 1, art. *248I, ch. 72, Comp. St. 1909. The plaintiff prevailed, and the defendant appeals.

The trial judge would have observed a more correct practice had he not delivered the pleadings to the jury with a written instruction that “these pleadings constitute the issues in this.case”; and, if the jury had not been otherwise advised concerning the issues, we Avould not hesitate to reverse the judgment. The issues joined are simple,…