Schut v. Chicago & West Michigan Railway Co.

The plaintiff brought his suit against the defendant before a justice of the peace, in the township of Sherman, in the county of Newaygo, to recover the value of an ox killed on the defendant’s road by a passing train. The animal strayed from the plaintiff’s pasture field on the defendant’s track by reason of the neglect of the defendant to build a fence along its right of' way, as required by law.

The plaintiff’s right to recover was not contested, and, after suit brought, the defendant tendered to the plaintiff $80 for his damages and costs. The costs at that time incurred before the justice…