Rensselaer Semi-Weekly Republican, Volume 37, Number 33, Rensselaer, Jasper County, 28 April 1905 — Appellate Court Ruling. [ARTICLE]

Appellate Court Ruling.

The Appellate Court has held that followirg the ordinary praotioe of railroads in the use of oattle guards at either side of the publio road will'not protect a railroad company from liability for stook'wbioh crosses such a cattle guard. It deolared that the test of sufficiency of a cstt’e guard is whether or not it turns back cattle from crossing it and not whether it has been adopted by railroads for general use. The court says: '•Evidence that the oattle guard was’suoh as 1s generally used by first*class railroads does not establish its suffioienoy under the statdte. That mast be determined by whether or not it did prevent animals from going upon the rail, rand track.