624 LIABILITY IRRESPECTIVE OF FENCING LAWS. 



ordinary care and diligence necessarily require that a land- 

 owner through whose pasture a railway passes should keep 

 a lookout at a crossing or an attendant to watch the cattle.^** 

 And one lawfully crossing a railroad at grade with a drove 

 of cattle is not bound to give a signal to an approaching 

 train : if necessary, it is the duty of the company to employ 

 a person to give signals.^®* 



Where a mule was fast in a trestle and the owner, when 

 he had ample time to do so, failed to find the bridge watch- 

 man and give him notice, and the animal was killed, the com- 

 pany was held not liable therefor.^®^ Nor can the owner re- 

 cover when he was present and could have driven his ani- 

 mal from the track but did not do so.^^* But the driver of 

 a team when the wagon was stalled on the track was held not 

 guilty of contributory negligence because he tried to ex- 

 tricate the team instead of going round a curve to stop any 

 train that might be approaching.^®'' Otherwise, where he 

 failed to unhitch the horses, as he might have done.^®^ Nor 

 has he the right to rely on the company's duty of giving 

 signals, if he might by reasonable exertion have got the ani- 

 mal ofl the track.^*® Where he was using reasonable dili- 

 gence in trying to recapture an animal running upon a cross- 

 ing, he may recover.^"" 



A rider is not bound to abandon a crossing unless its use 

 is necessarily dangerous to an ordinarily careful man, but in 

 crossing he should use due care to avoid danger. Evidence 



could not recover for an injury in such a case unless it was wilful and de- 

 liberate. 



"^ White V. Concord R. Co., 30 N. H. 188. 



"* Reeves v. Delaware, L. & W. R. Co., 30 Pa. St. 454. 



'" Ga. R. & Bkg. Co. V. Parks, 91 Ga. 71. 



"" Moody V. Minneapolis & St. L. R. Co., 77 la. 29. 



"" Chic. & Alton R. Co. v. Hogarth, 38 111. 370. And see Snook v. 

 Clark, 20 Mont. 230. 



"" Frost V. Milwaukee & N. R. Co., 96 Mich. 470. 



"" Milburn v. Kan. City, St. J. & C. B. R. Co., 86 Mo. 104. 



•" Clark V. Boston & M. R. Co., 64 N. H. 323. 



