Palmer v. Northern Pacific Railroad Co.

Gilfillan, C. J.1

Action for running upon and killing plaintiffs borse. Tbe horse was at large in a public highway, grazing near the crossing of defendant’s road, when, a train of cars coming along at its usual speed, the horse ran upon the track, in front of the train, and the train ran upon and killed it. It does not appear that the electors of the town had determined where cattle, horses, etc., should be permitted to go at large. The horse was therefore wrongfully in the highway. It is doubtful that the evidence as to the defendant’s negligence, and also as to contributory negligence on the…