Arizona Eastern R.R. Co. v. Matthews

Matthews sued the Arizona Eastern Railroad Company for the' value of three mares killed by one of its trains, on the night of December 7, 1922, at what is called in the briefs a “farm crossing” located near Glenbar, Graham county.

The defendant had fenced its right of way at this point, but to accommodate settlers in the immediate neighborhood, by allowing them a crossing over its track and right of way, had caused to be made gates in such right of way fences. Much, if not most, of the time these gates were left open by persons using the crossing. The defendant’s section foreman and those…