Pennsylvania Co. v. Spaulding

Appellee’s animal was killed upon appellant’s railway by a train of its cars subsequent to the taking effect of the acts of 1885 in relation to fencing railways. Acts 1885, pp. 148, 224.

The animal strayed into a field of one Spurgin, whose land is separated by appellant’s right of way. From there it passed to the railway through a gate at a private farm crossing, constructed for the use and benefit of Spurgin long before the passage of the acts of 1885. After the passage and taking effect of those acts the railway company neglected to keep the gates closed, although it had knowledge that they…