Louisville & Nashville Railroad v. Plemons

1. A petition is not open to general demurrer which alleges that a defendant railroad company, at a point where the railroad crosses a public road and passes into and through the farm of a named person, constructed a cattle-guard in such a negligent and careless manner as to injure the plaintiff’s horse by reason of such faulty construction.

2. The statute (Civil Code, § 2699) requires a railroad company to build and maintain “good and sufficient” cattle-guards on each side of every public road where the railroad crosses it. It is inaccurate to instruct the jury that the character of the…