New York, Chicago & St. Louis Railroad v. Zumbaugh

The appellee recovered judgment against appellant for the value of stock which had entered upon its right of way by reason of insufficient cattle guards, and was then killed by its trains.

The appellee’s right of action is founded upon section 5312, R. S. 1894, section 4025, R. S. 1881, and not upon section 5323, R. S. 1894, being the act of 1885, requiring, in direct terms, that railroad companies shall fence their lands under certain circumstances, and in default thereof, the adjoining land-owner may do so and recover the cost thereof.

Section 4 of the act of 1885,'being section 5326, R. S.…