McKinney v. Ohio & Mississippi Railroad

This was an action by the appellant against the railroad company, to recover for stock killed%y the cars of the company at a point where the road was not fenced. Trial by the Court; finding and judgment for the defendant; a.motion for a new trial being overruled.

It appeared sufficiently that the cattle were killed by the cars of the company, and that the road was not fenced; hut the ground of the defence was that the road, at the time the cattle were killed, was being run and operated, not by the company or her servants, hut by a receiver appointed by the Circuit Court of the United States…