Cushman v. Louisiana & Arkansas Railway Co.

AYRES, Judge.

This is an action in tort wherein plaintiffs seek to recover of the defendant dSmages for the loss of cattle killed during 1964 and 1965 by defendant’s trains. Plaintiffs’ cause of action is predicated upon the contention that defendant failed to maintain a fence enclosing its right of way. There are no other charges of negligence. From an adverse judgment, plaintiffs prosecute this appeal.

Plaintiffs’ property, traversed by defendant’s railroad, was inherited by them from their father who, November 19, .1952, granted a right of way therefor. In the grant defendant agreed to…