Rosenberg v. Chicago, Burlington & Quincy Railroad

Oldham, C.

This was an action by the plaintiff in the court below to recover damages for stock killed by trains on the defendant’s right of way near the station of Adelia in Sioux county, Nebraska. The only allegation of negligence in the petition, which appears to have been supported by evidence sufficient to have sustained a judgment for plaintiff, is the allegation of defandant’s failure to fence its track along its switch limits at the station where the injury occurred. At the close of all the testimony, the court directed a verdict for the defendant and entered judgment on the verdict. To…