Democratic Sentinel, Volume 12, Number 45, Rensselaer, Jasper County, 30 November 1888 — Important Railroad Decision. [ARTICLE]

Important Railroad Decision.

The Indiana Supreme Court has affirmed the decision of the Porter County Circuit Court in a case appealed by the Chicago and Atlantic Railroad. Judge Elliot ruled: Where a railroad company obtains a, right of way through a farm, and in consideration of the grant agrees to erect and maintain a secure fence, it is bound to pay for ani uals killed by its trains in cases where the animals enter npon the track through the fault of the company in failing to fence the crossing in accordance with the terms of tbe contract. It is not necessary to a recovery that the plaintiff shall prove that gate at the crossing was not left open by him or by a wrong-doer. This is a matter of defense. The plaintiff need only prove the contract, the breach, and the resulting loss.