Grand Rapids & Indiana Railroad v. Southwick

The defendant in error sued plaintiffs in error for damages arising out of their neglect to fence their railroad where it crossed his lands. It charged them, in substance, with building and operating their road oyer the premises mentioned, and averred the duty arising therefrom to make and maintain proper fences and cattle guards. It then avers an entire neglect of these duties, the throwing down of plaintiff’s fences, and suffering the road to remain un fenced and unguarded with cattle guards, etc. By means of this wrong, it avers the plaintiff suffered damages in various ways; and, among…