Chicago, Burlington & Quincy Railroad v. Evans

This was an action by defendant in error to recover the value of four horses, killed upon the railroad track of plaintiff in error by its cars and engine.

The negligence alleged, and to which the proofs Were confined, was failure to construct and maintain a cattle guard, suitable and sufficient to prevent horses from getting on the right of way from the public road. There was a recovery for $450. The evidence shows that after breaking through different fences from the pasture where they wrere kept before reaching the highway, the horses jumped or passed over the cattle guard onto the right of…