Burchette v. Chicago, Rock Island & Pacific Railroad

HARRIS, Justice.

Defendant railroad appeals a judgment awarding damages for destruction of plaintiffs’ cattle. At issue are provisions in chapter 478, The Code, which defendant challenges as unconstitutional. The trial court held the challenged provisions are not constitutionally offensive and we agree.

The facts are uncontroverted. Five head of plaintiffs’ cattle escaped from their enclosure through a gate located on plaintiffs’ land. They thereafter meandered along a secondary road, then onto a gravel road, and traveled the gravel road to where it crossed defendant’s tracks. No cattle guards…