Miller v. Chicago, Rock Island & Pacific R'y Co.

The plaintiff owns the land on both sides of' tbe track, and it was fenced. There was a farm crossing, cattle-guards and gates for tbe accommodation of tbe plaintiff. Tbe fence and gates were properly constructed, and so were tbe cattle-guards. There was a fence extending from the main fence to tbe track or cattle-guards. ■ Tbe evidence tended to show that one of tbe gates was left open by some one passing through it, or it became open in some way, or for some cause unknown, during tbe night-time, and tbe cattle passed through and across tbe track and got thereon, because the fence extending…