Toledo, Wabash, & Western Railway Co. v. Cary

This action was brought to recover the value of a cow, owned by the appellee, and killed by the locomotive and cars of the appellant, while she was on the railroad track.

The main question is whether or not the appellant was bound to fence the railroad, at the point where the cow was killed, to escape liability.

A plat of the locus in quo is in the transcript, but we do not deem it necessary to transcribe it into this opinion. The facts relating to the place in question will be sufficiently understood without it. The railway, at that point, runs almost east and west. The town of Antioch is…