Stevenson v. Detroit & Mackinac Railway Co.

Defendant’s road runs through the plaintiff’s farm. On May 7, 1896, plaintiff’s horse was struck by defendant’s train, and killed. Defendant contended bn the trial that the horse was struck on the highway. Plaintiff contended that it was struck and killed on defendant’s right of way, inside the cattle-guards. Defendant’s right of way was not fenced; and the only question was whether the horse was in the highway, or not. Plaintiff recovered a judgment for the value of the horse at $75, and defendant brings error.

A record containing 28 pages is presented, which apparently contains a large part…