Alexander v. Missouri Pacific Railway Co.

Plaintiff owned a farm through which defendant’s railway ran. The track was fenced, but a farm crossing, with gates on either side, had been established. Plaintiff was attempting to drive four mules over this crossing when two of them were killed by one of defendant’s trains. ■ Pie charged the killing as being the result of defendant’s negligence and recovered judgment in the circuit court.

It appears that plaintiff desiring to take his mules from' one part of his farm to pasture at another part, opened the two gates at the crossing and drove his mules in, when they ran down the right of way…