Case v. Central Railroad

The opinion of the court was delivered by

Dixon, J.

The declaration in this case charged that “ the defendant willfully and wantonly drove its locomotive engine and cars ” against several horses belonging to the plaintiff and killed them, and therefore the plaintiff claimed damages from the defendant. Upon the trial the plaintiff proved that the horses had broken through the fence between his pasture lot and the highway, had strayed along the highway to the defendant’s railroad, and there, while wandering upon the track several hundred feet from the highway crossing, had been killed. At the…