Ohio & Mississippi Railway Co. v. Wrape

Wrape sued the railroad company for damages, for killing two head of cattle which entered upon the railroad and were killed at a point where it was not securely fenced.

Plaintiff had judgment below, and the defendant appeals, relying for a reversal upon the action of the court in refusing a new trial. Among the reasons assigned for a new trial is alleged error of the court in permitting a a witness to testify on behalf of appellee that the company fenced its road at the point where the cattle entered upon it after the injury occurred.

The only ground of objection pointed out in the trial court…