Johnson v. Detroit & Mackinac Railway Co.

On the 26th of June, 1902, seven head of cattle belonging to the plaintiff were struck, while on the defendant’s track, by its locomotive, and killed. These cattle went onto the track from the highway, at which there was a cattle-guard, designated as the “Positive” cattle-guard, and described as follows in defendant’s brief:

“It consists of four sections,— two sections 26 inches wide, between the rails, and one section on the outside of each rail, 22 inches wide. This cattle-guard consists of a series of ridges or billows, passing over each tie, and about 2-2- inches above it, and down between…