Titus v. Chicago, Milwaukee & St. Paul Railway Co.

The plaintiff’s horse went from a pasture through a gate in the defendant’s right of way fence and was killed by one of its trains. The gate was an ordinary sliding one, sixteen feet long, four 6-inch boards in width, and was fastened by slipping the front end between .two posts placed about six inches apart. The surface of the ground was nearly or quite level, but the heel of the gate was raised above it from three to seven inches, and, when closed, the- front end rested on the ground. The two upper boards of the gate were about fourteen inches apart. The proof is conclusive that the gate…