McCaskey v. Quincy, Omaha & Kansas City Railroad

The appeal in this case is from a judgment plaintiff recovered in the circuit court of' Sullivan county in an action for a breach by defendant of its duty to maintain lawful fences on the sides of its railroad where the same passes through the country. A horse owned by plaintiff escaped from a pasture, which was enclosed by a lawful fence, to a public road, traveled a mile or more along that road to a place where an opening in the fence on the north side afforded him access to a private road which ran north to and across defendant’s railroad. There were no cattle guards at this crossing and a…