Louisville, New Albany & Chicago Railway Co. v. Ousler

The appellee sued to recover the value of a horse, which had escaped from, his field, without his fault, and was hilled by appellant’s negligence at the crossing of a highway and the railroad. There was a special verdict, upon which judgment was rendered in favor of appellee, appellant’s motion for judgment being overruled with an exception.

Appellant contends, with great vigor, that the animal, on its track at the crossing unattended, was a trespasser, and that for that reason no duty was owing to it from the company, save not to willfully injure it. Our cases adjudicate this question against…