De Graw v. Chicago, Burlington & Quincy Railroad

Plaintiff commenced this action against defendant to recover $512, the alleged value of 7 head of cattle owned by him that were killed by one of defendant’s trains on its right of way. At the conclusion of the testimony the court directed the jury to return a verdict for defendant. From a judgment rendered thereon, plaintiff appeals.

The cattle that were killed, with 16 other head belonging to plaintiff gained access to defendant’s right of way within the unincorporated village of Northport at a point w’here there were cattle-guards and wing-fences, but which were in so dilapidated a condition…