Toledo, Peoria & Warsaw Railway Co. v. Delehanty

This action was originally commenced before a justice of the peace, to recover the value of a mule killed on appellant’s road by one of its trains.

The place where the mule got on the track was open prairie, and the company’s road was not fenced on the side nearest appellee’s residence. The open space was about eight rods wide, and there was neither fence nor cattle guard to prevent stock going upon the track from the highway, or from the open adjoining prairie. The evidence shows appellee resided about two miles east of the village of Chenca, and about one quarter of a mile distant from…