Heise v. Chicago Great Western Railway Co.

McClain, J. —

Certain cattle belonging to plaintiff and another (plaintiff being the assignee of the cause of action of his co-owner) were being driven along a highway, crossing defendant’s railway a short distance northwest of a signal station on defendant’s road, when they were run into by a passenger train of defendant’s coming from the northwest and several of the animals ..were killed. Plaintiff bases his right to recover for the killing of these animals upon allegations that the defendant was “owning and operating a line of railroad through Payette County, Iowa, and maintaining its…