Abbey v. Schaff

The opinion of the court was delivered by

Johnston, C. J.:

Plaintiff recovered a judgment for $105 against the railroad for the killing of five hogs, and defendant appeals.

The hogs were in inclosures adjoining the right of way of the railroad company. The testimony tends to show that the *86lots in which they were kept were inclosed on three sides by a hog-tight fence, and as to one inclosure it appears that the fence built by the railroad company on the side next to the railroad, as hog-tight, was insufficient and that the. hogs escaped through the defective fence. One of the animals escaped from…