Chicago & Alton Railroad v. O'Brien

The appellee sued appellant in the Circuit Court to recover the value of two colts alleged to have been so injured by a train of appellants that they had to be killed, and also averring that the cause of the killing was that the fence of appellant was defective, and ■ by means of its failure to keep a good fence the colts strayed upon the track and were killed.

The appellant denied the allegation as to the defective condition of the fence, and contended that the colts got upon the track through an open gate at a farm crossing, which was left open by some one during the night before or on the…