Bateman v. Rutland Railroad

This action was tried at the last trial term and a verdict was returned for the plaintiff in the sum of $340 for losses occasioned to the plaintiff by the defendant in injuring and killing horses and cattle upon its tracks. The horses and cattle had escaped from the enclosures of the plaintiff, were strays and trespassers, and came upon the defendant’s tracks, as such strays and trespassers, over the, cattle guards.

This is a motion to set aside the verdict and for a new trial upon the ground, chiefly, that, there being no proof in the case that the plaintiff’s animals, were willfully or…