Linenbrink v. Chicago & North Western Railway Co.

This is an action to recover the value of two bulls which were killed by defendant’s train on or about September 16, 1961. The trial court sustained plaintiff’s motion for a summary judgment and entered judgment for plaintiff in the amount of $1,190 with interest and costs. The defendant has appealed.

The essential facts are stipulated as follows: The two bulls were of the value of $1,190 on the day they were killed. The defendant did not have its railroad right-of-way fenced and in a proper state of repair as a result of which the bulls came on the railroad right-of-way and were struck and…