Mole v. Payne

Appellant’s complaint is an attempt to state a cause of action to recover damages for a violation of the so-called railroad fencing statute. (C. S., sec. 4814.) It alleges inter alia that, at a point on the O. S. L. Railroad Company’s line where it was the duty of the said railroad company and respondent to keep and maintain the tracks and right of way fenced, the said railroad company had constructed a gate, but had negligently and carelessly allowed the said gate to be insecure and inadequately and defectively fastened, in this, that it was a double gate, and its two parts were held…