Gill v. Louisville & N. R. Co.

This suit was brought by the plaintiff’s intestate, an employé of the defendant railroad company, who was killed through the derailment of an engine by a collision with a cow which had strayed upon the unfenced track of the defendant. It was averred in the petition that the intestate’s “death was due wholly to the carelessness and negligence of the defendant in failing to erect and maintain a fence along its said track, so as to prevent live stock from going thereon,” and that the defendant “wholly failed to fence its track in Blount county [wherein the accident occurred], or to protect and…