No. 1439.

#### C., B. & Q. R. R. Co. v. Blake.

Opinion filed April 5, 1886.

The appellee sued appellant to recover the value of three horses that were killed and one injured by the locomotive of the appellant striking them on the railroad track of the appellant on the farm of appellee, about the first day of March, 1881.' The occasion of the horses getting on the track was, as is charged, the failure of appellant to maintain a fence on each side of its- railroad track, as required by law. Verdict for appellee. After a careful examination of the evidence the court finds no valid objection to the verdict of the jury or the giving or refusing instructi >ns on the part of the court, and affirms the judgment..

Attorneys, for appellant, Messrs. Richolson & Gentleman and Mr. O. F. Price ; for appellee, Messrs. Duncan & O’Connor.

Opinion by

Lacey, P. J.

Judge below, Hiram G. Gilbert.