Sell v. Chicago, Rock Island & Pacific Railway Co.

Faville, C. J. —

The undisputed evidence shows that the right of way of appellant extends through a farm occupied by appellee. A right-of-way fence was maintained by appellant between its right of way and the lands of the adjacent farm occupied by appellee. There was a private crossing extending over said right of way, and a gate in the said fence. It is conceded that the evidence was sufficient to carry to the jury the question of the claimed defective condition of the gate. It appears from the evidence that certain horses belonging to appellee were enabled to go through said gate because of…