Chicago & Northwestern Railway Co. v. Bunker

This was an action on the case to recover damages for the killing of four cows, belonging to appellee, by an engine and train of cars on appellant’s railroad, at a farm crossing on appellee’s land, on May 13, 1897, between Woodstock and Ridgefield in said McHenry county.

The declaration contained five counts, the first of which averred due care on the part of plaintiff, and negligence of appellant’s servants in failing to exercise ordinary care to observe, discover or see the cows of the plaintiff being driven along and upon said farm crossing, etc. The second count avers due care on the part…