Fenn v. Georgia Northern Railway Co.

This was a suit against a railroad company to recover the statutory penalty provided for in the Civil Code, § 2243 et seq., by reason of the failure of the defendant to erect a cattle-guard at a point on the line of the railroad, described in a notice previously given the defendant by the plaintiff. The defendant company demurred both generally and specially. Before any ruling was made on the demurrers, the plaintiff offered an amendment to meet the special demurrer, in which he alleged that his land was at that time and had for several years been fenced and in cultivation ; that the fence…