Chicago, Burlington & Quincy Railroad v. Finch

Appellant’s road runs through appellee’s farm. The parts thus divided are connected by a farm crossing and gates. On the night of August 17, 1888, two of appellee’s horses escaped through one of the gates from a pasture, and were killed by appellant’s passing train.

Appellee brought his action to recover damages for the killing of the horses, and charged as negligence, insufficient fastenings for the gate, and such construction that slight force applied to its sides would cause it to open so that stock would escape upon the railroad track. A trial resulted in a verdict and judgment of §300 for…