Byrne v. Spokane & Inland Railway Co.

Citations

• 56 Wash. 667
• 106 P. 191
• 1910 Wash. LEXIS 867

Syllabus

<p>Railroads — Injury to Stock — Cattle Guards — Evidence—Sufficiency. In an action against a railroad company for killing a horse on or near a private farm crossing, the evidence is insufficient to show that the horse was killed on the right of way or through negligence in maintaining insufficient cattle guards, where no one saw the accident, there had been horses on the right of way the day before, and the horse was found the next morning about 100 yards from the crossing lying down in a field with a broken leg, and the only evidence indicating that the horse had been on the right of way consisted of the fact that there were tracks there as of a horse running for a considerable distance to within a few feet of the cattle guard, and indications that a horse had fallen on the crossing near the track; as such facts are consistent with the theory that it was struck on the crossing.</p>