Johnson v. St. Louis, Kansas City & Northern Railway Co.

This suit was originally instituted before a justice óf the peace upon the following statement:

“ St. Louis, Kansas City & Northern Railway Company, Dr., to S. ~W. Johnson: To killing one cow by your cars in Lathrop township, Clinton county, Missouri, on your railroad on or about the 24th day of November, 1878, at a point on said railway where said road was not inclosed by a fence as required by law. Damages, $27.50.”

This is not an action at common law, as it is not based *554upon any alleged negligence of the defendant in running its trains, nor is it a suit under the 5th section of the damage…