Smead v. Lake Shore & Michigan Southern Railway Co.

The plaintiff in this case sued for the value of a colt killed by the defendant’s engine upon its right of way in April, 1882, at or near a place called Payne’s Cross ing, in the town of Batavia in Branch county. The action is based upon that part of How. Stat. § 3377, relating to cattle-guards, reading as follows : “ Every railroad company * * * shall erect and maintain fences on the sides of their respective roads of, the height and strength of a division fence required by law, with fences and cattle-guards at all 'highway and street crossings, sufficient to prevent cattle or other animals…