Theener v. Kurn and Lonsdale

This action involves two suits that were Consolidated in the trial below and review is in accordance. The admitted facts in this case, which are involved in the issues before us for 'review, briefly stated are as follows: The defendants right-of-way runs along the south boundary of lands owned and operated by the plaintiffs and wherein live stock owned by plaintiffs were being pastured. Stock owned by each of plaintiffs escaped through a defective right-of-way fence of defendant into the railroad right-of-way and after escaping through a defective fence of defendant wandered out into U. S.…