Wabash Railroad v. Randol

This is an appeal from a judgment for damages by reason of stock killed, the negligence alleged being a failure to maintain a sufficient fence along the right of way, as required by the statute. The stock killed consisted of three-horses and two hogs. The defendant claimed the hogs did not get on the track by reason of the defective fence. It, is not certain the verdict included an allowance for them,, inasmuch as the amount awarded is entirely within the range of proof as to the value of the horses.

As to these it was insisted below, and is here, that though they got on the track through a…