Dennis v. Louisville, New Albany & Chicago Railway Co.

The appellant owned a mare which he kept in a securely fenced field adjoining the track of the appellee. The mare escaped from the field and entered upon the appellees’s track at a point where it was securely fenced. The appellant endeavored without success to catch her, and she was struck apd killed by one of the appellee’s trains. The mare ran in front of the approaching train and was overtaken by it in a cattle-guard. The engineer and fireman of the appellee “ might have seen the mare from the engine at the distance of one quarter of a mile before the engine struck the mare, and when the…