Fleming v. St. Paul & Duluth Railroad

This is an action for the recovery of damages-for the defendant’s negligence in occasioning the death of plaintiff’s intestate, who was a fireman in defendant’s employ-The.locomotive upon which he was at work was thrown from the railway track by running over a cow, which had come-upon the track at a place where the road had never been fenced, and he was thereby killed, in October, 1877. The only act of negligence claimed is defendant’s failure to have-its road fenced “at or near the place of the accident.” It was-admitted that the defendant’s road was not and never had been fenced in the…