Toledo, Peoria & Warsaw Railway Co. v. Lavery

The evidence shows that appellant’s engine killed and injured the cattle; that the road had been in operation about five years, and that the company had not fenced it; that there was no fence on the south side of the track, where the cattle got upon the road. The evidence negatives all of the exceptions in the enacting clause of the statute. But appellant insists that appellee was guilty of negligence, inasmuch as his son, who was herding the cattle, had gone into the house a short time before the accident. He, on hearing the approach of the train, ran out and drove the cattle from the track,…