Chicago, St. Louis & Pittsburgh Railroad v. Fenn

Crumpacker, J. —

Fenn sued the railroad company for killing a hijrse at a public highway crossing. The complaint is in two paragraphs. The first states a cause of action under the statute for the alleged negligence of the defendant in failing to give the statutory signals at the highway crossing, whereby plaintiff’s animal was killed; the other seems to declare upon a common law liability for negligence upon the part of the defendant in running its train at a great and unusual rate of speed, and in failing to give stock warnings at the highway crossing, by reason whereof plaintiff’s ani*251mal was…