Chicago, Burlington & Quincy Railroad v. Sevcek

The following opinion on rehearing was filed December 7, 1906. Reversed:

Letton, J.

In the former opinion in this case, ante, p. 793, it was held: “Where a railroad company outside of the limits of a city, town or village has established a flag station, with platform, elevator, office and scales, coal house, corn-cribs, etc., for public use, it is not bound, under the provisions of the statute requiring railroads to be fenced, to fence its road in such a manner as to prevent the public from having proper access to its station grounds.” It was further held: “The failure to fence is excusable,…