Appellate Division of the Supreme Court of the State of New York May 6, 1908 (Bateman v. Rutland Railroad)

Kellogg, J.:

The plaintiff’s colts and cattle were estrays upon the highway and entered upon the defendant’s track over an alleged defective cattle guard and were in jured by a passing train, and the plaintiff had a verdict for the damages thus sustained, which verdict was set aside by the trial judge.