Coleman v. Flint & Pere Marquette Railroad

The plaintiff sues for the value of a horse killed by the cars upon the track of defendant. The action was brought in justice’s court, and appealed therefrom to the circuit, where, upon a trial before the court, without a jury, the plaintiff recovered.

The horse escaped upon the track from the premises of plaintiff through a defective fence. The plaintiff claims it was the duty of the defendant to erect and maintain this fence, which the defendant denies.

This is the sole point to be determined.

From the findings of fact by the circuit judge, Hon. Chauncey Joslin, it appears that the plaintiff…