#### Swan Carlson, Appellee, v. Chicago Great Western Railroad Company, Appellant.

Gen. No. 5,919.

(Hot to be reported in full.)

Appeal from the Circuit Court of De Kalb county; the Hon. Mazzini Slusser, Judge, presiding. Heard in this court at the April term, 1914.

Reversed with finding of facts.

Opinion filed July 31, 1914.

*637Abstract of the Decision.

Railroads, § 876*—when evidence insufficient to show negligence in killing of stock. In an action against a railroad company to recover the value of a mare and colt which had escaped to the highway and were killed by being struck by a train, a recovery for plaintiff held not sustained by any evidence showing negligence on the part of the company, it not appearing that the engineer or firemen saw the animals, and not appearing inconsistent with the theory that they rushed on the track in front of the train because of being frightened.

Statement of the Case.

Action by Swan Carlson against Chicago Great Western Railroad Company to recover for stock killed by defendant’s train. The declaration consisted of two counts, the first alleging failure to give statutory signals and the second alleging negligent operation of the train. From a judgment in favor of plaintiff, defendant appeals.

Faissler, Fulton & Roberts, for appellant.

H. S. Earley, for appellee.

Mr. Justice Whitney

delivered the opinion of the court.