Childers v. Louisville, New Albany & Chicago Railway Co.

Dissenting Opinion.

Gavin, J. —

I am of opinion that since the act of 1885 directly and explicitly imposes upon the railroad company the duty of fencing its road at certain places, its failure to so do is negligence for which a common law right of action arises in favor of' one injured thereby who is himself without contributory fault.

The statutory liability for animals killed is indeed limited to cases where the animals are injured by the cars or locomotives. By the act of 1885 the then existing laws as to the liability of such companies for such killings are not affected.

Until this act there…