Chicago & Atlantic Railway Co. v. Barnes

A mare and a bull belonging to the appellee were struck and killed by one of the appellant’s locomotives on the 2d day of May, 1884. The facts which control the controversy are thus stated in the special finding: “ The animals entered on the right of way and track of the defendant at a private road crossing made by the defendant to enable the plaintiff to pass to and from his fields, situate immediately north and south of the defendant’s right of way, which the plaintiff had long used. The defendant’s road runs east and west through plaintiff’s farm where the crossing was made. The defendant…