Illinois Central Railroad v. Bull

This action was brought to recover the value of a horse killed on the track of appellant.

By agreement, a jury was waived, and the cause submitted to the court for trial. Upon hearing the evidence, the court rendered judgment in favor of appellee for $100, the value of the horse.

The proof does not show any carelessness or negligence on the part of the railroad company at the time the horse was killed.

Where stock is killed by a railroad company at a place where the statute requires the road to be fenced, and where it has not been fenced, or the fence, although built, has not been kept in proper…