Chicago, R. I. & P. Ry. Co. v. Davis

Omnion by

SHACKELFORD, O.

For convenience, the parties will be referred to in this opinion as plaintiff and defendant, as they appeared in the trial court.

Tlie plaintiff filed this action in the district court of Grant county, on the 23rd of September, 1920. The plaintiff alleged two causes of action. The first is, that by reason of the defective manner in which a certain gate on defendant’s railroad had been kept, two of his mules were killed on about the 28th of January. 1919. the value of the mules alleged to be $400. The second is that by reason of the gate defectively maintained on the…