Chicago & Alton R. R. v. Truitt

This was an action on the case by appellee against the appellant, to recover the value of two horses belonging to the former, charged to have been killed by the latter’s engine and train, while running on its railroad track through the premises of the appellee.

The declaration consists of four counts. The first three charge the appellant with statutory negligence in not erecting and maintaining fences on both sides of its railroad track suitable and sufficient to prevent horses from getting thereon, and in not maintaining gates and bars at farm crossings of said railroad where the same were…