Supreme Court of Minnesota January 26, 1923, No. 23,257 (Lindemann v. Chicago, Rock Island & Pacific Railway Co.)

Hallam, J.

Action for damages for the killing uf two horses, a cow and a donkey, on defendant’s right of way, and by defendant’s train. The jury found for plaintiff. Defendant appeals.

Plaintiff is a farmer. Defendant’s right of way passes through his farm. The right of way is fenced through plaintiff’s farm. At a private crossing, defendant constructed a gate.