New Albany & Salem Railroad v. Pace

Suit by Pace to recover the value of stock killed on the track of the New Albany and Salem Railroad. Judgment for the plaintiff, on appeal to the Circuit Court. Two cows, one of the value of 30 dollars, and one of the value of 20 dollars, were killed. They were killed at a point where the road was fenced, though the fences were not built by the railroad company. They seem to have been killed near where a county road crossed the railroad. The defendants had constructed cattle pits at the crossing, but not sufficient to exclude cattle, owing to a solid rock foundation, and had built side fences…