Knight v. Toledo & Wabash Railway Co.

Suit to recover the value of ahorse killed on the track of the defendant’s railway, where the same was not fenced. The horse was - killed in the corporate limits of the town of Wabash, but not on one of its streets or alleys. The court below, on a special finding and conclusion of law thereon, determined that a railway company was not bound to fence its track within the corporate limits of *403a town or city; but on this question, as it is one of importance, and is not necessary for the determination of the case in judgment, we give no opinion. We think the judgment of the court below was right…