Chicago & Alton Railroad v. Kellam

This suit was brought by Edgar P. Kellam against the Chicago and Alton Kailroad Company, to recover the value of a cow killed on defendant’s road. As the cow was killed on a public road crossing, it is not claimed defendant is liable for the loss sustained unless the killing was negligently or wilfully done. There is no pretence it was wilfully done, so the case is narrowed to the single issue whether the servants of defendant in charge were guilty of negligence in the management of the train that did the injury.

It is insisted this case is controlled by the cases in this court, that declare…