International & Great Northern Railway Co. v. Bender

STAYTON, Chief Justice.

The question certified is: Whether a receiver having exclusive control and management of an unfenced railway is liable for the value of cattle killed on it by cars, as would be the railway company, without proof of negligence ?

The statute provides, that “each and every railway company shall be liable to the owner of stock killed or injured by the locomotives and cars of such railway company in running over their respective railways, which may be recovered by suit before any court having competent jurisdiction of the amount. If the railway company fence in their road,…