Claus v. Chicago, Great Western Railway Co.

The evidence tends to show that the private crossing on the plaintiff’s farm was originally protected by a gate in the fence on the margin of the right of way, but the same had become badly rotted, warped, and dilapidated, and was difficult to open and close or to securely fasten. Nearly three months before the accident the gate was opened and left open, according to the plaintiff’s showing, until after the cattle were killed. It is also his claim that the foreman in charge of the railroad told him the gate need not be closed, and that a new one would soon be furnished; but whether this was…