Meeker v. N. P. R. R. Co.

This was an action brought under section 4044, Hill’s Code, to recover damages for the alleged value of a mare, which had entered upon the railroad track of the defendant company, where the same was unfenced, and while there was driven by a moving train into an open trestle, and so crippled and injured as to be rendered valueless.

The facts tended to show that there were some three or four horses, including the mare, running at large upon a range that entered upon the unfenced track of the defendant’s railroad; that not far behind where the horses entered upon the track was an engine and train…