Wabash, St. Louis & Pacific Railway Co. v. Tretts

This action was brought by appellee to-recover the value of a mare, alleged to have entered upon appellant’s track at a point where it was not fenced, and to have been killed by the appellant’s locomotive.

A motion to strike out part of the complaint was overruled, and this ruling is assigned as error. Many cases decide that such a ruling, even though erroneous, will not warrant a reversal.

The place of entry is the material question in eases of this character. If animals enter at a place where the railroad company was bound to fence, the company is liable, although they were killed at a point…