Samuelson v. Union Pacific Railroad

The opinion of the court was delivered by

Smith, J.:

This was an action for damages for the death of a child by being run over by a train. Judgment was for defendant. Plaintiff appeals.

The petition alleged that the line of defendant’s road ran by land owned by plaintiff; that the land owned by plaintiff was adjacent to the line of defendant and that a twenty-one-months-old child of plaintiffs was on the right of way of defendant and was run over and killed by a train. The petition further alleged:

“That said plaintiffs had inclosed a part of their land with a hog-tight fence, and had inclosed a…