Union Pacific Railway Co. v. Thorne

Plaintiff below sued the defendants for the alleged killing of a bull by a locomotive and train on defendants’ road. The petition charges the defendants were negligent in the operation of the cars, and that they neglected to build and maintain a fence as required by statute at the place where the animal was killed. The defendants answered the averments of the petition and plaintiff replied. There was a trial of the issues to a jury. Verdict in favor of plaintiff. A new trial was denied and judgment was rendered on the verdict.

It is insisted that the evidence shows there was no negligence on…