Middaugh v. Chicago & Northwestern Railway Co.

Plaintiff sued defendant in the district court for Dodge county. The petition alleges that, at a point where defendant 'is required by statute to erect and maintain a fence along its right of way, defendant permitted its fence to become, and remain, out of repair; that a number of plaintiff’s horses passed through, or over, this fence onto defendant’s right of way, where they were so frightened by one of defendant’s trains that they ran onto a bridge forming a part of defendant’s track and were thereby injured to the damage of plaintiff in the sum of $590. The cause was tried to a jury, which…