Clement v. Pere Marquette Railroad

Defendant, a railway company, has brought error from a judgment rendered against it in an action for negligently killing two horses owned by the plaintiff. The declaration charges negligence consisting of a failure to erect and maintain the statutory fences upon the line of defendant’s railway, and that plaintiff’s horses strayed and went upon the’ defendant’s right of way at' a place where such fences were required, and were struck and killed by defendant’s locomotive. By way of defense the defendant introduced proof that the horses entered by passing over the cattle-guards, which were such…