Chicago & Alton Railroad v. Utley

This was an action on the case brought by the appellee against the appellant to recover the value of a mare killed by a train upon the railroad. The jury found for the plaintiff below, and the defendant appealed.

The mare of the appellee was being driven at night, and becoming frightened, ran away, separated herself from the vehicle, and was found the next morning, not very far from the point where she took fright, dead on the track of the railroad. Her injuries indicated very clearly that she had been killed by a locomotive. The place where she was found was not in a town or village, or at a…