Fort Wayne, Cincinnati & Louisville Railroad v. Herbold

Ejoliott, J. —

The appellee instituted this action to recover the value of a cow injured and a heifer killed by the locomotive and cars of the appellant. The action is founded upon the statute making it the duty of railroad companies to fence their roads, and imposing a liability for animals killed or injured because of the failure to perform this statutory duty.

Our decisions settle some general principles which apply to-this case, and which it is proper to declare at the outset constitute the law governing the case.

If animals enter upon the roadway at a place where it was the duty of the…