Crum v. Conover

The appellee Miles T. Conover, sued the appellant Andrew J. Crum, and the appellee the Ohio and Mississippi Railway Company, to recover the value of stock killed on said company’s railroad, which had entered on its track through a private way, maintained by appellant, but across which he failed to build and maintain and keep closed gates, pursuant to the provisions of the act approved April 8, 1885. (Sections 5320, 5322, R. S. 1891).

Section 1 of that act (section 5320, supra), provides that the owners of tracts of land separated by the right of way of a railroad may, if such right of way was…