Railroad Co. v. Schultz
Ohio Supreme Court
Error to the District Court of Seneca county. The action below was brought by Peter Schultz against the Baltimore and Ohio Railroad Company, to recover the value of his horse killed by the cars of the company, upon whose track it had passed from the plaintiff’s field adjoining the company’s right of way, through and over the line fence built by the company.
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Error to the District Court of Seneca county. The action below was brought by Peter Schultz against the Baltimore and Ohio Railroad Company, to recover the value of his horse killed by the cars of the company, upon whose track it had passed from the plaintiff’s field adjoining the company’s right of way, through and over the line fence built by the company. The petition alleges that this fence was constructed in a careless and negligent manner, and was defective and insufficient to turn stock, or to prevent domestic animals from going upon the railroad track; that prior to and at the time of…
1Opinion of the CourtOwen, J.
I. The instruction, requested was properly refused. The evidence tended to show that for a long time prior to the accident, and while the horse was running in the adjoining field, the fence was in a defective, unsubstantial condition, and insufficient to turn stock. The jury was at liberty so to find.. This request called upon the jury to say that, notwithstanding this condition of the fence, if “ by some accident, without the defendant’s knowledge, the fence became otherwise defective, by which means the horse got upon the railroad track and was killed, then in this action the plaintiff can…
2Cases cited11 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Crane v. Town of NorthfieldSupreme Court of Vermont · 1860
- Enright v. The S.F. & San Jose R.R.California Supreme Court · 1867
- Toledo & Wabash Railway Co. v. DanielsIndiana Supreme Court · 1863
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