Mole v. Mellon

*452BRINCK, Commissioner.

This case was before this court on a prior appeal, wherein a judgment of nonsuit was reversed and the cause remanded, with the direction to permit an offered amendment to the complaint. (Mole v. Payne, 39 Ida. 247, 227 Pac. 23.)

Plaintiff was the owner of seven horses which, on December 30, 1919, entered upon the right of way of the Oregon Short Line Railroad Company in Bonneville county, and were struck by a train of cars and killed. In the complaint are alleged facts showing the duty of the railroad company to maintain a fence at the point where the horses came upon the…