Chicago & North-Western Railway Co. v. Carpenter

This suit was brought before a justice of the peace to recover the value of a cow killed at a highway crossing by an engine drawing a train of cars over appellant’s railroad. Appellee was defeated in the justice court, but on appeal to the Circuit Court, recovered a judgment for $40.

Appellee’s residence was upon one side, and the pasture in which he kept his two cows, upon the other side of the railroad track. In driving them from the one to the other, it was necessary to pass over the highway crossing in question. The crossing was within the corporate limits of the city of Woodstock. About…