St. Louis & S. F. Ry. Co. v. Rylee

•McGrowan, J.,

delivered the opinion of the court.

Thomas Rylee filed his declaration in the circuit court of Marshall county against the defendant, the railroad company, charging that the defendant had negligently constructed cattle guards which were so defectively constructed as to permit persons as well as cattle to pass to and fro at will; that his lands are located on either side of the defendant railroad’s track; and further charges that they unlawfully, wrongfully, and negligently failed and refused to construct and maintain the necessary stock gaps or cattle guards of sufficient length,…