No. 1444.

#### Rock Island & Peoria Ry. Co. v. Reed.

Opinion filed April 5, 1886.

In this suit appellee recovered a judgment in the Stark Circuit Court against the appellant corporation for §160, the value of a horse of his, claimed to have been killed on the track of the railway by the engine and cars running thereon. The road is constructed through the farm of appellee, and his corn or stockfield was located on the west side of it, and the negligence imputed to appellant was-its failure to erect and maintain on the side of its road adjoining such field a fence suitable and sufficient to prevent stock from getting on the railroad. The jury were fully and fairly instructed, and the court is unable to say their verdict was wrong.

Judgment affirmed.

Attorneys, for appellant, Mr. T. E. Neilchrist ; for appellee, Mr. C. K. Ladd.

Opinion by

Baker, J.

Judge below, F. M. Shaw.