Baltimore & Ohio Railroad v. McIlyar

Citations

• 77 Ohio St. (N.S.) 391

Syllabus

<p>Repair of fence — Between railroad and adjoining land — Land owner refuses to permit repair — Injury to horse caused by defective fence — Railroad not liable, when — Negligence.</p> <p>Where a railroad company is proceeding to repair or rebuild a defective fence along the line of its right of way and upon the line where the fence has always been, and the adjoining land owner orders the company’s employes off the premises and notifies the company to stop work, claiming that the line of the old fence is not the true line, and the adjoining proprietor continues to use his land as a pasture knowing that the fence is defective and dangerous, without revoking or modifying his warning to the company or doing anything to determine the true line, and his horse is then injured by becoming entangled in the loose barbed wire of the defective fence, he can not recover for the injury to the animal, because his own conduct has proximately contributed to bring about the condition which resulted in the injury.</p>