Indianapolis, Pittsburgh & Cleveland Railroad v. Petty

Action against the railroad company to recover the value- of cattle killed by the cars of the appellant, the road", .not being securely fenced. Answer, that the land álong-side of the railroad was a pasture field, and that the owner thereof had, for a proper consideration paid by the company, contracted to keep and maintain a fence between his land and the road, and that on his failure to maintain such fence he should have no claim upon said company for injury to his cattle; that the appellee had full notice of the contract, .and of the failure of the owner of the land-to comply with its…