Indianapolis, Peru & Chicago Railway Co. v. Thomas

The controlling question in this case is, whether a railroad company is bound to fence its track at a point where a private right of way leading from an adjacent public highway crosses it. The evidence shows that a public highway ran parallel with the appellant’s track, and that from it a private way extended across the track and through the farm of James H. Martin. The contention of the appellant is, that it was not bound to securely fence this way, but had fully performed its duty by providing suitable cattle-guards, and properly placing them on the sides of the private way.

Our statute is…