Brooks v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 1, Nov. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1892, No. 376, on verdict for plaintiff. Trespass for the killing of plantiff’s cows. It appeared from the evidence that certain of plaintifPs cows wandered on to defendant’s railroad and were killed.
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Appeal, No. 1, Nov. T., 1896, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1892, No. 376, on verdict for plaintiff. Trespass for the killing of plantiff’s cows. It appeared from the evidence that certain of plaintifPs cows wandered on to defendant’s railroad and were killed. A ditch was dug partly on the ground belonging to the company and partly to the farm as a line ditch for the purpose of furnishing dirt for the road of the company and to prevent cattle, etc., from trespassing on the railroad; that the ditch was dug by the company; that it had frequently become filled…
1Opinion of the Court
Opinion by
Beaver, J.,
Assuming that this case was to be submitted to the jury it was well tried. The charge of the court in regard to the law of the case is, in the main, clear and satisfactory. The appellant submits four assignments of error for our consideration.
The third cannot be sustained. The refusal of the trial judge to affirm the defendant’s first point, which was as follows: “ The plaintiff’s cows were trespassers upon the railroad of the defendant and, therefore, the plaintiff cannot recover in this action,” was correct. If the defendant contributed in any way, permissively or…
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