King v. Chicago, Rock Island & Pacific Railway Co.

i. justice’s coukts: amendment on apPeal* This suit was instituted before a justice of the peace to recover damages for the killing of a mare and two mules by a locomotive and train of cars belonging to and operated by the defendant. The material portion of the statement filed with the justice, is as follows: “ That said mare and two mules were run upon and killed by said defendant’s locomotive and train of cars, at a point in its road on or near the land of Daniel B. Griffith, in said township, where said defendant had not inclosed, and did not erect any fence, nor maintain cattle-guards, as…