Pennsylvania Co. v. Mitchell

The appellant railroad company was sued *474by the appellee for the value of two mules alleged to have been killed on the company’s railroad track by its locomotive and cars.

The case was tried upon a complaint which charged that the track was not securely fenced at the point where the animals entered.

The chief question debated here is whether the railroad company was required to fence ifs track at the place where the animals entered upon its right of way.

It is abundantly settled that a railroad company is not liable for injuries to animals that enter upon its track at places where to maintain…