Railroad Co. v. Scudder
Ohio Supreme Court
Error to the District Court of Butler County. In 1876 the railroad of The Cleveland, Columbus, Cincinnati and Indianapolis Railroad Company, the plaintiff in error, ran through the lands of Eli Scudder. In a woods pasture and stubble field adjoining the railroad track Scudder pastured his hogs. Between this field and the railroad track the railroad company bad erected a post and board fence, which fence was but four boards high.
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Error to the District Court of Butler County. In 1876 the railroad of The Cleveland, Columbus, Cincinnati and Indianapolis Railroad Company, the plaintiff in error, ran through the lands of Eli Scudder. In a woods pasture and stubble field adjoining the railroad track Scudder pastured his hogs. Between this field and the railroad track the railroad company bad erected a post and board fence, which fence was but four boards high. The «spaces between the second and third boards from the bottom were too large. Large gullies had been washed under said fence after it was built and into said…
1Opinion of the CourtNash, J.
The defendant in the court of common pleas presented several special charges which it asked the court to give to the jurj1-, which requests were refused. To certain parts of the charge of the court as given the defendant excepted. The principal question raised by these refusals and the exceptions is, “Was Scudder guilty of contributory negligence in pasturing his hogs in this field, belonging to *175him, when he knew that there were such defects in the fence, separating the field from the railroad, that the hogs could go through them, from the field upon the track of the railroad company? ”
At the…
2Cases cited5 opinions
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Gardner v. SmithMichigan Supreme Court · 1859
- McCoy v. California Pacific RailroadCalifornia Supreme Court · 1871
- Hammond v. C. & N. W. R.Supreme Court of Iowa · 1876
- Toledo, Wabash, & Western Railway Co. v. CoryIndiana Supreme Court · 1872