Chicago & Alton Railroad v. Kemp

This suit was brought to recover for killing and injuring plaintiff’s cattle.

It was alleged that by reason of the neglect of the defendant to maintain a suitable fence the stock got upon the railroad and were struck by an engine and train of cars passing thereon.

Upon a trial by jury there was a verdict for plaintiff for §175. Three steers were killed and two others badly hurt. Of the latter, one finally got well and one was permanently damaged.

The only question for the jury was whether the animals were struck on the crossing of a public highway or beyond it. It is not denied that for several…