Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-02-26
salIlyIyroiay ghcrn.IIaot L..va Mn
RAILWAY LAW.

The following notes of decisions are
from the Railway Review.
Suticiency of railway stock guard. -
Ia an action against q rnilroah conn
pany. for killing horses, an allegation that
the horses went on the railroad "by
reason of the failure of defendant To-
fence and maintCin cattle guards" Is
equivalent 60 an allegation thnt they
went on the railroad at q point where II
was not securely fenced, and rs aufHci.
ent. In an action against mlroad
company for killing horses, the Jury
found that the pit under the cattle guard
where the horses went on the track was
fourteen inches deep, and the cross.bars
We're seven inches apurt, and animals
could walk over the guard by stepping
between the bars. Hold, that the vrr-
diet sufficiently shows that the horses
were on the truck because OF a defect In
the guard wabash Ry Co. w. Fer.
RS appellate, court Of Indiana, % n ~.
Rep. H..
Duty Of commissioners TO order CON
nection Of intersecunE tracks. section
l2N2 OF the Iowa code provides thnt "A
railroad corporation whose road INTER-
sects or crosses any other line of RAILWAY
Of the same gauge shall connect ia
road with such other RAILWAY 40 intnr-
sected. Act 1873, section 3 provides
that the railroad commissioners shnll
nav hiAfANt NNlfNNANlhll VI I'LL INlIFUunN
IN the state, and inquire into nny NEGLECT
or violation Of the laws OF the state
Acts 20 gen. assem-. G n. section / pro.
vide thnt corporations having ntcrgeef.
ing roads shall "wheneYer ordered Nv
the railroad commissioners" unite and
connect their tracks. Under these pro-
visions the commissioners should order
the connection Of such tracks only they
deem II best, and need not do so reeard.
less Of its adyisability. Smith W. Cr NJ
" -. II Ry. Co., supreme conrt Of Iowa.
b3 n. w. Rep lbs.
Degree Of care required In Yards
tnilure 10 give warning Of the apbr0nch
of q backing engine IN rnilrond ynrd
or 10 have person Ia position TO SEQ tbe
track ahead Of it. Is not such negligence
as viii render the company liable to ID
trespasser Ia the yard for an injury
caused by being run over BY such
engine, and the fact that such tfrspasser
h an infant does not affect the leeoi
rights Of the company, because sirpnls
of approaching engines must be given.
and oversight Of the tracks exercieen
uniformly and habitually, or not al NH.
and for the protection and safety OF an
McDermott W. Kentucky Cent nv
Co, court Of appeals Of Kentucky, 20 X.
II. Rep, $50
Damages for railroad ccntractor's fou.
ure 90 furnish tools. -leor a railroad con-
tractors breach Of an agreement 10
furnish subcOntractOr with tile neccs.
sary tools to do the grading Of railroad
track the subcontruct0r may rarover
rental value of tools purchased and uspd
by him Ia the prosecution Of the work
aud also for such loss Of time by MIN.
self, his men aud his tennis, as he eonid
not, by the exercise Of reasonable am.
Eence, have protected himself AGAINST
since such damages are the natural resnli
of the breach 81 the contract. and must
have been within the contemplation III
the parties when Il WIS made. III dr.
terminig whether tho subcontractor
acted with reasouahle diligence IN MIR
chasing tools after the CONTRACTOR
breach Of the agreement The fact that
the contractor from time 10 ine
and furnish the tools must be taken into
consideration. Graves vs. Glass. au.
preme court Of Iowa, % ~ W. Rep.
23l.