Indianapolis, Pittsburgh & Cleveland Railroad v. Irish

This was an action against the appellant for killing a horse while he was running at large along the line of the road. The animal was struck by a locomotive of the appellant at a point on the road a short distance from a public highway, which crossed the railroad track obliquely. A cattle-guard was placed near the pressing. It seems from the diagram introduced in evidence, and the testimony on the trial, that it would have been possible for the appellant to have constructed a cattle-guard immediately along the line of the highway, and crossing the road-bed at the same angle, and to have made…