Vanduzer v. Lehigh & Hudson River Railway Co.

The opinion of the court was delivered by

Beasley, Chief Justice.

The railroad track of the defendant crosses the lands of the plaintiff, who complains that certain of his cattle, escaping from his field and going upon such track, were there run down and killed by a locomotive of the company. The ground taken in support of the action is that such escape occurred by reason of the neglect of the defendant in maintaining proper fences between the plaintiff's premises and the railroad.

The defendant was incorporated under the act of the legislature of this state entitled “An act to authorize the…