Jasper County Democrat, Volume 11, Number 58, Rensselaer, Jasper County, 23 December 1908 — RAILROAD NOT LIABLE. [ARTICLE]

RAILROAD NOT LIABLE.

Judgment for Killing^ of Horn ReIndianapolis, Ind., Deo. 16. —The Appellate Court today decided that where animals get out on a railroad track through the gate at a private crossing and are killed by a train, the railroad Is not liable unless its employes left the gate open or were otherwise guilty of negligence. A judgment for the value of a horse recovered by George M. Smith against the Indianapolis ft Cincinnati Traction Company was reversed. The horse escaped from the pasture through the gate at a private' crossing on Smith’s farm, near Indianapolis, a short time after two boys had driven some cows across Xhe track. The court says that having provided a good fence, the railroad company was not hound to shut the farmer’s gate when others opened it.