Aycock v. Callaway

We think that the sustaining of this motion was reversible error for two reasons: First, the negligent killing of cattle under the stock law, generally known as the no-fence law, does not operate so that an animal on the right-of-way of a railroad, is a trespasser so that the railroad in the operation of its trains is not liable for damages unless it be guilty of wanton and wilful negligence. This stock law act did not change the law of liability with reference to the negligent liability for damage to cattle. The second reason is that the court had already ruled, on demurrer, that the stock…