A. T. & Santa Fé Railroad v. Edwards

The opinion of the court was delivered by

Brewer, J.:

This was an action under the law of 1874 to recover for stock killed and wounded on the track of the railroad of plaintiff in error. The facts were these: Two mares got onto the track, the same being unfenced, and in attempting to cross the railroad bridge, became fastened in it, their legs slipping down through the open spaces between *532the ties. While in this position a freight train came along, and in getting the animals off from the bridge, which was done by the train men, and without any collision, between the animals and the locomotive,…