Enright v. The S.F. & San Jose R.R.

By the Court, Shafter, J.:

This is an action to recover the value of seven horses run over and killed by the defendant’s cars. The complaint is in two counts. The first charges that the horses were pasturing on lands lying alongside of and adjoining the defendant’s road, and that they escaped from the premises on to the road by means of the insufficiency of a fence which the defendant was bound to build and maintain. The second count charges generally that the horses escaped from the pasture to the road by reason of the defendant’s negligence, and without any fault on the part of the…