Cobb v. Kansas City, Fort Scott & Memphis Railroad

The plaintiff filed a statement before a justice, alleging that his horse came upon the defendant’s track and was killed by the defendant’s engine and cars at a point in Howell township, Howell *314county, where the defendant’s railroad ran through the inclosed fields of one Gfalloway. The statement further charged that the horse was in said fields by the permission, consent and direction of said G-alloway, and came upon the track owing to the defendant’s failure to fence its road at a point where it was required to do so by law.

The justice, before whom the cause was tried, describes himself in…