Clapper v. Pennsylvania Railroad

Baldrige, P; J.,

The plaintiff seeks to recover damages he has sustained as the result of his cattle straying upon the right of way of the defendant company and being killed by eating weeds sprinkled with poison by the defendant company. It is averred in the plaintiff’s statement that the defendant company spread over a large portion of its right of way, where it passes through the property of the plaintiff, a deadly poisonous substance for the purpose of destroying weeds, and that this poisonous substance had an odor and taste which was peculiarly attractive to animals; that the plaintiff’s…