Shepard v. Pennsylvania Railroad

Plaintiff’s horses strayed from a pasture where they were kept by the owner, proceeded along the public highway on to the farm of the Wadsworth estate in Livingston county, and from a field on that farm they went on to the right of way of defendant, where one was killed and another injured by one of its trains.

Defendant did not have its right of way fenced, and sought to excuse that fact by endeavoring to prove a verbal agreement made with Mr. Wadsworth (now deceased), whereby it was claimed the railroad company *273was not required to build such fence. That evidence was excluded for the reason…