Tisthammer v. Union Pacific Railroad Co.

Riner, Justice.

This ease is before the court by direct appeal from a judgment of the District Court of Goshen County in favor of J. B. Tisthammer, respondent here, plaintiff below, who brought the action to recover damages on account of alleged injury and destruction of live stock, against the Union Pacific Railroad Company, which now seeks a review of the record made in the case.

Plaintiff’s petition alleges the corporate character of the defendant company; its duty to erect and maintain a sufficient and suitable fence on each side of its railroad track about two and one-half miles east of…