Chicago, Milwaukee & St. Paul Railway Co. v. Gill

Mr. Presiding Justice Dibell

delivered the opinion of the court.

As appellee drove a team of horses and a surrey to a crossing of a -highway over appellant’s railroad, and just as the horses were about to set their feet upon the rails, a passenger train which appellee knew was due at about that time came by at a high speed. Appellee’s team stepped back, or were drawn back, by appellee, and were not struck by the train; but the horses were frightened and turned sharply down the right-of-way, the neck-yoke and the single-tree were broken, the tongue of the surrey ran into the ground, and the team…