Mears v. Chicago & Northwestern Railway Co.

1 I. It is not disputed but that plaintiff’s horses got upon defendant’s right of way through á gate in the right of way fence at a farm crossing, and were struck and killed- by one of defendant’s trains. Plaintiff alleges, as grounds for recovery that said gate was defective, and that defendant’s agents negligently and carelessly ran said train over and upon said horses. Defendant contends that there is no- evidence to sustain either of these allegations, and that, therefore, the court erred in overruling its motion for a verdict and its motion for a new trial. The gate is described, by all…