Rensselaer Republican, Volume 21, Number 13, Rensselaer, Jasper County, 29 November 1888 — An Interestong Decision. [ARTICLE]

An Interestong Decision.

Every former residing along a railroad line will be interested in the following decision rendered Monday by tlie supreme court in an appeal case from LaPorte county. • The opinion reads: “Where a railway 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 animals killed by its trains in ease where the aniifials eiiter upon tht; track through tfie fault of „the company in falling to fence the crossing in accordance with the terms of tire contract. It is not necessary to a recovery that the plaintiff shall prove that the gate at the crossing was not left open by him or the wrong-elder. This is a matter of defense. The plaintiff need only prove the contract, the breach and the resulting loss.