Chicago & Northwestern Railroad v. Taylor

Appellee was the owner of a horse and had loaned him to one John Stitzell, a neighbor for whom he was at work, on the latter’s farm. John Stitzell’s farm was just west of Nelson Station in Whiteside county, joining on the west of it; his house and all his farm buildings were north of the railroad track, which ran east and west; he had no land on the south side of the railroad. The horse was put into the stable on the night of the 33rd Oct. 1879, and during that night broke out and through a gap in the railroad fence south of Stitzell’s house and a little east of his barn, where a gap had been…