Brei v. Chicago, Burlington & Quincy Railroad

In this case the plaintiff sued the Chicago, Burlington & Quincy Railroad Company to recover for damages to live stock caused by the negligence of the railroad company in failing to keep its right of way fences in proper repair. The trial court sustained a demurrer to the petition and dismissed the case. From the overruling of his motion for a new trial, plaintiff appeals.

The petition alleges that plaintiff was a tenant on a farm adjoining defendant’s right of way, and that the land adjacent thereto was used as a pasture. Plaintiff was the owner of 11 head of cattle which passed through the…