Borneman v. Chicago, St. P., M. & O. Ry. Co.

This is an action to recover damages for the loss of a horse belonging to the plaintiff through the alleged negligent operation of one of defendant’s trains. The issues involved are thus stated by the learned circuit court in its charge, to which no exceptions were taken: ' “The evidence in this case shows that the horse was not struck at a crossing, but was struck upon the right of way, upon the track where there was no crossing, on private grounds, and on the railroad right of way. The horse was therefore’a trespasser, and it was not the duty of the locomotive engineer, or of the brakeman,…