Duggan v. Peoria, Decatur & Evansville Railway Co.

This was an action on the case brought by appellant against appellee for the value of a colt and a cow killed by the trains of appellee. As to the colt, the ground of negligence alleged was that the road was not sufficiently fenced, and as to the cow, that the train was running at a rate of speed forbidden by the ordinance of the village, within the 'limits of which the killing occurred.

After the evidence of the plaintiff was closed, the court, on the motion of the defendant, instructed the jury to render a verdict of not guilty, and this ruling presents the main question now to be…