Lindemann v. Chicago, Rock Island & Pacific Railway Co.

Action for damages for the killing uf two horses, a cow and a donkey, on defendant’s right of way, and by defendant’s train. The jury found for plaintiff. Defendant appeals.

Plaintiff is a farmer. Defendant’s right of way passes through his farm. The right of way is fenced through plaintiff’s farm. At a private crossing, defendant constructed a gate. On the night of October 14, 1921, this gate was open, the animals mentioned strayed through the gate, and on to the railroad track, and were killed by a passing train.

Plaintiff makes two charges of negligence on the part of defendant: First, that…