Sullwald v. Union Pacific Railroad

Appeal from judgment for, -the wrongful killing of plaintiff’s cattle by defendant’s train.

Plaintiff and his hired man were driving 17 head of cattle over a private road. When within about 400 feet of defendant’s track, the cattle, then being-driven out of a'corn field into which they had gone, stampeded, running toward home. The evidence is undisputed that the plaintiff did what he could to head them off, but was unable to do so. The defendant’s- gate and fence leading over the right of way was in such condition that it offered no obstruction to the cattle, and just as *127they were crossing the…