Moser v. St. Paul & Duluth Railroad

The evidence was sufficient to justify the conclusion that the horse, for the killing of which the plaintiffs seek to recover, went upon the defendant’s railroad at a point not far'from its depot at Northern Pacific Junction, by reason of there being no fences *481along the track in that vicinity, nor any cattle-guards at a public highway-crossing; and that the horse went along the track a considerable distance, fell into a railroad bridge, and in some way, not otherwise disclosed by the evidence, was killed. This is within the scope of the complaint, although that goes further, and alleges that…