Toledo, St. Louis & Kansas City Railroad v. Cupp

The appellee’s horses entered upon the appellant’s railroad track at a point where it was not fenced, and were killed by the engine and cars. This action was brought to recover their value.

The cause was put at issue by the general denial, tried by the court, which, at the instance of the appellant, made a special finding of the facts, stated conclusions of law, and rendered judgment against the appellant.

The only question in controversy is whether or not the appellant was required by law to fence its track at the point where the horses entered upon it.

From the facts as found by the court, it…