Geerds v. Ann Arbor Railroad

Plaintiff recovered a judgment for the value of a cow, which wandered over one of defendant’s cattle guards in Missaukee county, onto the right of way, where she was killed by a passing train. The negligence relied upon was the failure of defendant to properly maintain the cattle guard; the specific neglect being its failure to keep the spaces between the slats constituting the guard free from sand and dirt. The question as to whether the spaces were filled or were free at the' time the cow passed over it was the principal issue in the case. Several witnesses testified that they were filled…