Cole v. Pennsylvania Railroad Company

The sole issue here, and on which plaintiff submitted his case to the First Judicial District Court of the County of Middlesex, sitting without a jury, is "Does the `Railroad Fence Act', R.S. 48:12-46, impose an absolute liability upon the defendant company, under the circumstances here, for the damages suffered by plaintiff in the loss of his cow?" An adverse judgment was rendered against the plaintiff, from which this appeal stems. We concur in the judgment below.

The undisputed facts are: Plaintiff's cow was one of a herd of twenty-two cows "which had broken out of plaintiff's pasture", and…