Chicago, Burlington & Quincy Railroad v. Sierer

Some time in the night of Oct. 24,1883, a train of cars on appellant’s railroad at a point about five miles east of Monmouth killed five horses of appellee, for which he recovered judgment on a verdict for $550 damages. They got upon the right of way through a gate at a farm crossing on Mrs. Eilenberger’s land lying north of the track and adjoining appellee’s on the west, having passed the partition fence to reach it. It was a sliding gate, well made of suitable pine boards and in good order, and, being the only direct means of communication with the public highway on the south side of the…