121 Iowa 254 | Iowa | 1903
Defendant’s line of road runs through the city of Algona nearly east and west. To the west from Thorington street, and connecting with a cattle guard-on the west line of said street, the tracks are fenced on both sides. On the north side of the track there are-two fences, the first extending west indefinitely, and the second extending for some five hundred feet only, to what is referred to in the evidence as the “McCoy pasture.” The first of such fences, which we will call the “south fence,” connects with the cattle guard at Thornington street, and, as it runs east and west, is located about a rod south of the north line of defendant’s right of way. The north fence is on the line of the right of way, and when it reaches the McCoy pasture it turns south, and is joined to the south fence. Thus a lane about a rod wide is formed, extending from the said street to said pasture. At the street end it is open, passage into it being wholly unobstructed. At the pasture end there is a gate, opening
Stating it in general terms, the contention of the appellant is that it cannot be held liable in this case, for that, as to stock running in the McCoy pasture, it ivas under no obligation to maintain the fence bounding this lane on the south; and, further, that as to the particular animal in question there is no direct evidence tending to prove that it came into the lane from the east or open end thereof, and'was not, therefore, stock running at large, within the meaning of the statute. Such contention was embodied in a motion to direct a verdict, which was overruled, and in requests for instructions which were refused.
We discover no error, and the judgment is aeeirmed.