Burnham v. Chicago, Burlington & Quincy Railway Co.

At Burnham, July 5, 1905, a freight train operated by defendant struck and killed plaintiff’s horse, and this is a suit to recover its value. There were two trials. At the first plaintiff recovered a judgment on the theory that defendant was negligent in failing to fence its track where' the horse entered the right of way. On appeal to this court, the first judgment was reversed because defendant was under no obligation to fence its track at that place. Burnham v. Chicago, B. & Q. R. Co. 83 Neb. 183. Upon a retrial in the district court, plaintiff recovered a judgment for $162.20, the ground…