45 Mich. 329 | Mich. | 1881
The railway track of the plaintiff in error crosses Eder’s farm, and on July 5,1879, a small piece of the fence built there by the company was accidentally destroyed by fire, and some of Eder’s cattle wandered through the gap and were killed by a passing train. Eder brought this action against the company under the Act of 1873 (Laws 1873 p. 538), to recover for the injury, and under the rulings of the circuit judge the jury awarded damages.
My brethren are of opinion that if the facts correspond with the hypothetical request it was a conclusion of law that, the company were not guilty of the blame imputed by the declaration and that the instructions should have been given.
The judgment must be reversed with costs and a new trial granted.