Schubert v. Minneapolis & St. Louis Railway Co.

The defendant’s railroad, where it ran through plaintiff’s land, had not been fenced, as required by Gen. St. 1878, c. 31, § o4. Section 55 of that chapter provides that • “all railroad companies shall be liable for domestic animals killed or injured by the negligence of such companies; and a failure to build and maintain cattle-guards and fences, as above (viz., in section 54,) provided, shall be deemed an act of negligence on the part of such companies.” Plaintiff turned his cow upon his land to graze, and to drink at a spring thereon, and, between 11 and 12 o’clock in the forenoon, having…