Indianapolis, Pittsburgh & Cleveland Railroad v. Truitt

Suit by the appellee against the appellant, for killing; cattle upon the defendant’s railroad; it being alléged that the fence along said railroad took fire, and, while burning, the servants of the defendant, to extinguish the fire, threw down the fence, making a gap therein, which *163was negligently left open by said servants, they seeing the plaintiff’s cattle in the pasture adjacent, so that they escaped upon the track, and were killed by the cars, &c. There was a demurrer overruled to the complaint, which is assigned for error. We think that the circumstances alleged are equivalent to an…