Evansville & Terre Haute Railroad v. Mosier

This case is here on the evidence. The appellee was the owner of two colts which were kept in a pasture adjoining the appellant’s railroad track. They escaped from the pasture, went upon the track and were killed by one of the appellant’s locomotives. The pasture was owned and used by the appellee in common with four other persons.. There were two private crossings opening from it upon the-track, and these were fastened by gates. The gates were-about one-half of a mile apart; the south gate was used by the appellee, but the north gate was not. The colts entered the track from the north gate…