Brown v. Central Vermont Railway, Inc.

Five of the plaintiff’s young cattle wandered onto the right of way of the defendant railroad and were there struck down and killed by one of its trains. The cattle in volved were being pastured on lands owned by one Langill. The defendant’s tracks abutted the Langill land for about one mile. That part of the right of way bordering an area denominated pasture was adequately fenced. Beyond this pasture area the right of way adjoined a wooded section of the Langill land and was not fenced. Both sides concede that the cattle reached the roadbed through this unfenced portion. The parties are in…