Chicago, Burlington & Quincy Railroad v. Farrelly

Appellee sued appellant before a justice of the peace to recover the value of a mule claimed to have been killed through the negligence of appellant.

On appeal to the Circuit Court appellee recovered a judgment for $125, and to reverse this judgment appellant appeals to this Court.

The evidence shows that the mule was on the farm of appellee, and escaped from his pasture on the Saturday night it was injured. His fences were not very good, and his mule got out of his pasture into a neighbor’s field, and out of this field into the- highway. The mule crossed the cattle-guard from the public…