Railroad v. Tiernan

A train of the Mobile & Ohio Railroad Co. ran upon and killed a mare and colt belonging to John Tiernan. He sued the company for damages and obtained verdict and judgment for $100. The company appealed in error.

At and near the 'place of collision the road of the company passed over the land of one Taylor. The track was fenced on both sides, and gates were put in for the convenience of Taylor, the owner of the land. The testimony submitted to the jury was conflicting as to the character and legal sufficiency of certain portions of the fence, and it failed to show with eertainty the precise…