Lemon v. Chicago & Grand Trunk Railway Co.

This action of trespass on the case was brought to recover damages alleged to have been occasioned through the defendant’s neglect of duty, by which certain of plaintiff’s sheep were run over by defendant’s engine and cars and killed and injured. The declaration avers:(1) The right of way of defendant’s railway was conveyed by plaintiff to the Peninsular Railway Company.(2) As a part of the purchase price it paid, the Peninsular Railway Company, by itself, its grantees and assigns, agreed to make a cattle-pass, and to erect and maintain cattle-guards on each side of said cattle-pass.(3) Said…