Powell v. Anderson

1. “The strictness of pleading necessary in suits in the superior and city courts is not required in justices’ courts. Nevertheless, where a' suit is brought in a justice’s court against a railroad company for the killing of live stock, it is essential that the plaintiff should, at least in general terms, allege that the killing was the result of the negligence of the defendant company. A failure to make such allegation will subject the summons to dismissal, in the absence of an amendment, upon a1 demurrer pointing out this defect. The presumption of negligence which the law raises against a…