Swisher v. Carpenter

Me. Peesiding Justice Philbeick

delivered the opinion of the court.

This is an action brought by plaintiff against defendant, as receiver of the Chicago Southern Railway Company, for damages occasioned by the death of one horse and one mule alleged to have been killed through negligence on the part of the Chicago Southern Railway Company and Myron J. Carpenter, receiver, in failing to properly build and construct a gate or bar along the right of way of the railroad company at an opening left by the railroad company across plaintiff’s farm. Trial below resulted in a verdict and judgment against…