Campbell v. Iowa Central Railway Co.

i. Private cattle guards, I. Plaintiff owns a farm through which passes the line of defendant’s railway. . For many years a private crossing over the track, protected by wing fences and cattle guards, had been maintained by the defendant company for the benefit of plaintiff. Plaintiff’s mare in question passed over the cattle guard, and while upon the inclosed right- of way was struck by a passing train and killed. Under the pleadings and upon the trial the primary issue was as to the sufficiency of the cattle guard, and this issue was submitted to the jury under instructions which are not…