International & Great Northern Railroad v. Dixon

FISHER, Chief Justice.

— This is a suit by Dixon against the Railway Company to recover damages on account of injury sustained to two of his horses by reason of the alleged negligence of the Railway Company. He recovered judgment in the court below, from which the Railway Company has appealed.

The facts upon which the plaintiff bases his recovery are substantially as follows: The plaintiff owned a field adjoining appellant’s right of way. The appellant’s right of way on both sides of the track was fenced. There were gates in the right of way fence on each side of the track. These gates were…