Rockford, Rock Island & St. Louis Railroad v. Lewis

This was an action brought by appellee, before a justice of the peace of Scott county, against appellant, to recover the value of a cow killed by an engine and train on appellant’s road. It appears the accident occurred within the corporate limits of the town of Winchester, where it is conceded appellant is not bound to fence its track. The animal was killed in day light, and by a freight train.

It is urged that the evidence fails to support the verdict. The evidence is conflicting, and were that introduced by either side considered alone, it would clearly support the respective theories of…