Illinois Central Railroad v. Arnold

The cow of the appellee, Arnold, was killed hy a train of the appellant, where the road passes through the farm of one Thomas Snell. The cow had come upon his farm from the public highway, through an insufficient fence, and passed from thence on to the railway track through an open space, designed as a farm crossing, where the company had erected bars about a year before the accident. The bars, however, had been down and wholly neglected for three months. On these agreed facts the court gave judgment for the plaintiff below.

If the bars had been taken down by the owner or occupant of the farm,…