Hovorka v. Minneapolis & St. Louis Railway Co.

In the former appeal in this action, (31 Minn. 221,) it was held that where the owner of land builds the fence along an adjoining “right of way,” the railroad company may, with his assent or acquiescence, adopt it, and that in the absence of any agreement it will still be its (the company’s) duty to maintain it in good condition.

That plaintiff’s colts were killed by one of defendant’s trains upon its track is admitted, and there is evidence fairly tending to show that the colts went upon defendant’s “right of way” from the pasture where they were kept, through a pair of bars forming part of…