Louisville Nashville Railroad Company v. Sadler

PRICE, Presiding Judge.

Appellee sued appellant to recover damages for the death of his cow, alleged to have been killed by one of appellant’s trains. There was verdict and judgment for the plaintiff in the sum of $145.00. Defendant appeals.

The cause was tried upon Count 2 of the complaint, the gravamen of which is that the cow was killed by the failure of the defendant to erect and maintain fences along its right-of-way through plaintiff’s lands in Wilcox County.

The plaintiff testified he is the owner of pasture lands in Wilcox County through which the L. & N. Railroad Company has a…