Pennsylvania Co. v. Lindley

Action to recover for the injury of a mare and the killing of a cow, the property of the appellee, by appellant’s locomotive and cars, at places where, it is alleged, the company was legally bound to maintain fences.

The cause was tried by a jury, and a verdict and judgment rendered for the appellee for $75.

The appellant insists that the undisputed evidence shows that the places where the animals entered upon the railroad track were located so as to exempt it from the statutory duty of fencing.

It is well settled that if an animal is killed or injured by a railroad train, the animal having…