Roberts v. Quincy, Omaha & Kansas City Railway Co.

This is the second appeal in this case. The opinion on the first appeal (Roberts v. Railroad, 43 Mo. App. 287) contains a full statement of the subject-matter of the litigation, which enables ns to abbreviate the statement in this opinion. The first count in the petition, under which a recovery was had, is for double, damages under section 2611, Revised Statutes, 1889. It was alleged that two mares and a colt, the property of the plaintiff, came upon the defendant’s railroad track where the same passed through inclosed lands, and that the animals were there struck and killed by an engine on…