Hines v. O'Brien

Appellee, O’Brien, recovered Judgment against appellant for the value of 22 head of cattle killed on the tracks of the C., R. I. & G. Railway Company by a train operated by the appellant, Director of Railroads. The liability of the appellant was based on the finding of negligence on the part of the railway company in failing to maintain its right of way fence in such condition as to prevent the entry of stock of ordinary disposition under ordinary circumstances, and that 'this negligence was the cause of the entry of the cattle on the right of way prior to the time they were killed. The…