698 LIABILITY UNDER THE STATUTES. 



if any, should be deducted.^^" But the plaintiff ought not to> 

 be allowed compensation beyond the loss that might have 

 been occasioned had no effort to protect his crop been made 

 by him.*^* 



Where a company breaks its contract to fence its right of 

 way, the land-owner may recover the cost of erecting a fence, 

 damages for animals killed and for injuries by trespassing ani- 

 mals and loss of pasturage.^^^ 



In Illinois it has been held that damages for the killing 

 of stock through negligence are compensatory only. To- 

 authorize more, circumstances of aggravation must be shown, 

 and interest is not recoverable.*^^ In other States interest 

 is recoverable on the value of an animal killed by reason of 

 failure to fence.*^* 



The question as to whether or not a reasonable attorney's 

 fee is to be allowed has been already discussed. *^^ 



"' Smith V. Chic, C. & D. R. Co., 38 la. 518. 

 " St. Louis & S. F. R. Co. v. Ritz, 33 Kan. 404. 

 ^" Louisville, N. A. & C. R. Co. v. Summer, 106 Ind. 55. 

 ""Toledo, P. & W. R. Co. v. Johnston, 74 111. 83. 

 "" Lackin v. Delaware & H. Canal Co., 22 Hun (N. Y.) 309; Jebb v 

 Chic. & G. T. R. Co., 67 Mich. 160. 

 See, also, the cases on interest cited in § 137, supra. 

 "" See § 137, supra. 



