Toledo, St. L. & K. C. R. R. v. Thompson

Opinion of the Court, the

Hon. George W. Pleasants, Judge.

Appellee’s horse was struck and killed by a freight train at Fair Grange, a small unincorporated village on the line of appellant’s railroad, at which it had a station house and stopped its trains to receive and discharge freight and passengers. He claimed that it got upon the track through the neglect of appellant to fence its road at that point, in violation of the statute, and brought this action before a justice of the peace, on the trial of which, upon appeal, he obtained a verdict and judgment thereon for $65 damages.

It is…