Titus v. Pennsylvania Railroad

The opinion of the court was delivered by

Walker, Chancellor.

This was an action in the Hunterdon Circuit Court for damages for the killing of two cows of the plaintiff by a locomotive engine of the defendant. The cows strayed upon the defendant’s right of way by going through a defective fence between, the plaintiff’s close and the defendant’s property, and the right to recover turned principally upon the question as to whose duty it was to maintain the fence—the plaintiff’s or defendant’s. This question was submitted to the jury as one of fact and the jury found a verdict for the plaintiff,…