Chicago, Burlington & Quincy Railroad v. Cox

This was an action to recover the value of a horse alleged to have been fatally injured by one of defendant’s trains. The evidence adduced on the trial disclosed substantially the following facts: In the daytime of March 26, 1892, plaintiff’s horse went upon the defendant’s road about ninety rods south of one of its bridges, and at a point where the law made it the duty of the company to build and maintain a fence on each side of its right of way. At the time an engine and train of cars approached from the south at a high rate of speed, and when within forty or fifty rods from the horse, the…