Childers v. Louisville, New Albany & Chicago Railway Co.

Ross, J. —

Appellant brought this action against the appellee to recover for injuries to stock which entered on its right of way at a point where its fence was out of repair. The stock, after they got upon the right of way, became frightened at one of appellee’s trains, and, running along the railroad track, jumped into a trestle and were injured. They were not struck by the locomotive or cars.

It is insisted by the appellant that the appellee’s fail*687ure to maintain a fence along its right of way, as required by statute, constituted negligence and if his stock escaped by reason of appellee’s…