Mapes v. Chicago, Rock Island & Pacific Railway Co.

Plaintiff sued before a justice of the peace *368to recover damages for the killing of his cow by defendant, and successively obtained judgment before the justice and in the circuit court to which the cause was appealed, and defendant has, from the latter judgment, appealed to this court.

The evidence proved that the cow was killed by a train of defendant’s cars at a public crossing; and on plaintiff’s part, that the whistle was sounded only when the train was within four or five rods of the crossing. Defendant objected to any testimony in relation to a failure to sound the whistle, because it was…