Chicago & Alton Railroad v. Legg

Appellant was, on the 24th day of July, 1888, operating its railroad between the stations Green view and Mason City, in Mason county, Illinois. Its track was fenced as required by law. About three miles north of Green view the road ran through pasture lands on which appellee and others had a number of horses pasturing. Some person going through this pasture and over the railroad by way of a farm crossing early in the morning of the above date, left the gate on the west side of the railroad open, and from twelve to twenty of these horses strayed onto the right of way and the northbound…