75 Iowa 22 | Iowa | 1888
— I. The plaintiff is the owner of a farm of six hundred and forty acres, upon which he keeps a large number of cattle and other live stock. The railroad of the defendant runs through the farm, and the right of way is fenced with posts and barbed wire. There are three private farm-crossings over the railroad; that is, -there are three places where gates are erected on each side of the right of way, for the passage of live stock across the track, and for other purposes. The plaintiff claims that, by reason of a defect in the railroad fence, a calf owned by him came upon the track and was killed by a passing train, and that at another time, for the same reason, some of his sucking pigs escaped through the fence and were killed in like manner. The jury found the defendant liable for these casualties, and we do not discover that the defendant was prejudiced by any rulings in regard to these causes of action.
The jury found specially that the calf and pigs were of the value of fourteen dollars. We find no error as to these claims. The cause will be reversed as to the other claims, and remanded for a new trial. If plaintiff so elects, a judgment may be entered in the court below for the claims for the calf and pigs; the question of costs of the former trial to be determined by the district court.
Reversed.