Wood v. Union Pacific Railroad

*478The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover for two horses killed by one of the defendant’s trains. The stock left the land of its owner, went upon the highway and entered upon an adjoining farm over a cattle guard, this farm being fenced according to the finding of the jury. The trial was expressly confined to the allegations of the petition touching the cattle guard, which the testimony showed and the jury found was out of repair. They were instructed that the plaintiff could not recover unless they should find from the evidence that a cattle guard could…