Seeley v. Lake Shore & Michigan Southern Railway Co.

This is an appeal taken from a judgment of a justice of the peace of Chautauqua county, awarding damages to the plaintiff against the defendant for the value of a bull killed upon defendant’s right of way. The evidence discloses that this animal was in a pasture adjoining the defendant’s railroad. The defendant had erected a substantial wire fence along the line of its right of way, with a gate leading from the pasture upon the defendant’s railroad. There is evidence tending to show that this gate was out of repair.

Testimony was given upon the trial that the gate was designed to operate by…