Wait v. Burlington, Cedar Rapids & Northern Railway Co.

i. RAir.KOADs: on track: neg-closing gate: jury. I. The evidence presented in the abstract shows that the plaintiff’s colts, killed by defendant’s train, escaped and went upon defendant’s railroad track. There is evidence tending to show that they passed through a gate in the rauroad fence, which appears to have been open at the time, and that it had been open for about thirty-six hours before the accident, which occurred early in the morning, or latter part of the night. The testimony also tends to show that the gate was not known to be closed for several days prior to the accident, and that…