Illinois Central Railroad v. McKee

This was an action on the case in the Coles Circuit Court, brought by Thomas McKee against The Illinois Central Railroad Company, for killing a horse, the property of the plaintiff, by the defendant’s locomotive, the horse having got upon the track by means of a gate at a farm crossing being negligently left open, as alleged.

The court gave to the jury this instruction for the plaintiff:

“ If the jury believe, from the evidence, that the horse of the plaintiff got upon the defendant’s railroad at a gate erected at a farm crossing by the defendant, and that while so on said road was killed by…