Leebrick v. Republican Valley & Southwestern Railroad

Opinion by

Holt, C.:

This action, upon appeal, was tried at the March term, 1887, of the Phillips district court, and judgment was rendered for the defendant. The plaintiffs claimed damages for hogs killed by the train of defendant on its road. The court found that the plaintiffs’ hogs escaped from their pen without any fault or negligence on their part, .and strayed upon defendant’s track where it passed across the ¡plaintiffs’ laud; that the hogs passed upon the track under a .gate, a part of the fence of defendant which inclosed the track; •that this was a wire fence, and a lawful one except…