Chicago, St. Louis & Pittsburgh Railroad v. Nash

Dissenting Opinion.

Reinhard, J.

I can not agree with the opinion of the majority in its view of the law in relation to contributory negligence. We all agree that where no order of the board of commissioners is shown by which stock is permitted to run at large, the common law prevails as to owners keeping up their stock, and the only question is, to what extent will the rules of the common law hold a man guilty of negligence who fails to keep his domestic animals in his own enclosure ?

Conceding that the appellant was negligent, in that its servants, who were operating the train, did not see the…