Liabilities of Railroads for cattle killed in the State of Delaware.
--Important decisions, involving the rights and liabilities of railway companies and the owners of cattle killed by trains when on the track, have just been made by Chief Justice Gilpin, of the State of Delaware:That a railroad company, legally chartered, has the unobstructed right of way over its own road; that it cannot be held in damages for any loss which owners of cattle may sustain if their cattle are killed or injured while upon the track, and when due diligence and caution are observed on the part of those in charge of the train, to prevent said destruction or injury; that the company is not bound to fence in the lands or farms along the line of road merely for the sake of keeping cattle off the track, but that it is the duty of owners of cattle to see that such cattle do not interfere with and obstruct the passage of the trains, and thus become trespassers; that persons who suffer their animals to roam at large upon the track, to the detriment of the travel by obstructing the road, are liable in a suit for trespass thereof.
