Toledo, Wabash & Western Railway Co. v. McGinnis

It ,is urged that appellee has no right to recover in this case, because the agents of the company used every precaution which the law imposes to prevent the injury, and that as appellee’s horse was running at large contrary to the town ordinance, he can not recover.

Whilst the accident occurred in an incorporated town, where the company is not required to fence, nor could it if it so desired, still it is bound, under the law, to use all due and proper diligence to avoid injury to both persons and property. Nor, as has been repeatedly held, does the fact that appellee’s horse was running at…