Blid v. Chicago & Northwestern Railway Co.

This is an action to recover damages for the death of live stock caused, as alleged, by the defendant’s failure to maintain lawful cattle-guards at a highway crossing. The plaintiff prevailed, and the defendant appeals.

The sole question for our determination is whether the evidence sustains the verdict.

At the point where the cattle were killed, the course of the highway is north and south and that of the railway is approximately east and west. The cattle were killed by an east-bound stock train about 11 o’clock A. M,, November 15, 1907. The evidence adduced by the plaintiff to sustain his…