Chicago, Burlington & Quincy Railroad v. Kennedy

This suit was brought before a Justice of the Peace under the provisions of section one of the act in relation to fencing and operating railroads, as amended in 1879, to recover the value of two horses of appellee killed on the railroad track of appellant, within its right of way. The horses had escaped from the stable where they were usually kept, and had walked from the public highway upon the track and right of way over a cattle guard which was filled with snow. The judgment before the Justice was for the corporation, bntupon appeal to the Circuit Court, the verdict and judgment were for…