Pittsburgh, Cincinnati, Chicago & St. Louis Railroad Co. v. Staton

(after stating the facts as above) :

The statutory provisions imposing upon every railroad company the duty to fence its right of way are in some respects quite indefinite. § 5436 et seq. Burns 1914. However, in the light of the decisions, it is clear that the defendant (the appellant here) was not required to fence at the place where the mule entered upon the right of way. Indianapolis, etc., R. Co. v. Kinney (1856), 8 Ind. 402 ; Indiana, etc., R. Co. v. Quick (1887), 109 Ind. 295 ; Cleveland, etc., R. Co. v. Vincent (1915), 60 Ind. App. 476. To entitle the plaintiff (the appellee here) to…