Wabash Railroad v. Kime

This was a suit by appellee against appellant for damages occasioned by the killing of a colt by appellant’s engine upon its track. There was a recovery of $135 damages on account of killing the colt, and $15 attorney fees, upon the first count of the declaration, which charged appellant with a failure to maintain a sufficient fence along its right of way by means whereof the colt got upon the track and was killed. The evidence tended to prove that the colt got upon the right of way through the fence adjoining a farm crossing, and there was no dispute as to its being killed as alleged.

The…