Braden v. Chicago Burlington & Quincy Railroad

JOHNSON,. J.

Plaintiff, a farmer, was employed by a section foreman of defendant in August, 1910, to cut weeds and grass on defendant’s right of way for a distance of about three-quarters of a mile west from Utica station. He -was to use his team and mowing machine where it was practicable and' to cut the re*585mainder by band. One of the section men accompanied him. After working with his machine until near the close of the first day, one of the horses fell into a ditch on the right of way and was so injured that he had to be killed.

Plaintiff sued in a justice court to recover the value of the…