Cleveland, C., C. & St. L. R. Co. v. Umphenour

Opinion

The question here is whether the railroad company was required to maintain a fence at the point where the plaintiff’s horses came upon the track. According to the proof the railroad runs along the south side of an unincorporated village. The depot building, water tank, stock pens, grain elevators and switches are all situated within a space that is unfenced. According to the uncontradicted proof so much of that space as lies between G-riggs street and Main street extended across the railroad, which includes the place where the animals came on the track, is necessarily required for the…