Eastman, Gardner & Co. v. Sullivan

The appellee in the circuit court sued appellant for damages for failing to erect and maintain proper stock gaps and cattle guards upon inclosed lands of plaintiff (appellee). The declaration is in two counts, the first count is for two hundred fifty dollars statutory penalty, and the second count is for tAventy-five dollars, the actual damages sustained by plaintiff.

The agreed statement of facts shows that the railroad of the appellant is a logging road and not a railroad operated as a common carrier in any sense of the term; further that twenty-five dollars is the amount of actual damages…