Musick v. A. & P. R. R.

This suit originated before a justice of the peace, and was brought to recover $50.00 as the amount of damages alleged to have been sustained by plaintiff in consequence of the kill ing, by the engine and cars of defendant, of stock belonging to plaintiff. The action is based on 1 Wagn. Stat., § 43, p. 310, which requires railroad corporations to “erect and maintain good and substantial fences on the sides of the road where the same passes through, along or adjoining, inclosed or cultivated fields or uninclosed prairie lands,” and until the erection of such fences, renders the railroad…