Dunlap v. Chicago, Rock Island & Pacific Railway Co.

*198The opinion of the court was delivered by

West, J.:

The plaintiff drove seventy-eight head of cattle along the north-and-south highway which crosses the defendant’s track about one hundred feet south of the Burlington crossing, both tracks being slightly above grade, causing a corresponding depression between them. The defendant’s track from the crossing runs straight west about one-half mile. The plaintiff, with two hands, was coming south with the cattle, and when about twenty rods north of the Burlington crossing he drove ahead and stopped the cattle to permit one of the defendant’s trains…