Chicago, R. I. & G. Ry. Co. v. Rhone

DUNKLIN, Chief Justice.

The following facts were established by testimony introduced: Plaintiff’s mare escaped from his inclosure and entered upon defendant’s right of way through a cattle guard maintained to keep stock off the right of way, but which had been so moved as to no longer accomplish that purpose. After going upon the right of way, the animal attempted to pass over one of defendant’s railway bridges and in so doing his legs were caught between the cross-ties thereon, and in plaintiff’s attempt to extricate her from that position, she was so injured as to require her being killed.…