Baltimore & Ohio Southwestern Railroad v. Zollman

Action by appellee. Trial by the court, special findings made, conclusions of law stated thereon, and judgment for $100 rendered in accordance therewith. ' The complaint was in three paragraphs. In the first it is alleged that the appellee’s horse entered upon appellant’s railroad at a place where the same was not securely fenced, was struck and killed, to appellee’s damage, etc. The second paragraph also proceeds upon the theory that” the appellant had violated a statutory duty. The third paragraph avers negligence upon the part of the appellant, setting out the details thereof at length.…