Sika v. Chicago & North-Western Railway Co.

APPEAL from the Circuit Court for Jefferson County. Action for the negligent killing of plaintiff’s cattle. Plaintiff was permitted to testify in bis own behalf, against defendant’s objection, no notice having been given of bis intended examination. He lived east of the defendant’s track, and pastured bis cattle in a field west of it, from which, the evidence for plaintiff tended to show, they escaped upon the track, in consequence of the fence along it, built by defendant, having been burned down some nine days before. Plaintiff bad constructed bars in said fence, and was in the habit of…