Legal Opinion
Cincinnati & Zanesville Railroad v. Smith
Ohio Supreme Court
Decided December 15, 1871Published
Error to the Court of Common Pleas of Eayette county, reserved in the District Court. The facts appear in the opinion of the court.
1Opinion of the Court
"White, J.
The plaintiff below, Richard Smith, sues the defendant below, the Cincinnati and Zanesville Railroad *244Company, to recover the value of two horses alleged to have been killed through the negligence of the servants of the defendant in operating oue of its trains. The inclosure of the plaintiff' adjoined the railroad of the defendant; and from this inclosure, on the night on which the horses were killed, they escaped onto the railroad.
On the trial, questions arose as to the breachy character of the horses, and as to the insufficiency of the fence separating the inclosure from the…
2Cases cited4 opinions
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Bemis v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1869
- Illinois Central Railroad v. MiddlesworthIllinois Supreme Court · 1868
- Lou. & Nash. Railroad v. WainscottCourt of Appeals of Kentucky · 1867