Kansas City, M. & O. Ry. Co. v. Trammell

Trammell brought this suit to recover the value of three mules killed by one of appellant’s trains in the town of Sweetwater. Verdict was returned and judgment rendered in his favor.

The animals were killed within the limits of the incorporated town of Sweetwater and at a point where defendant was not required to have its right of way fenced. The animals had escaped from a pen in which they were confined and wandered upon the track of defendant. They were killed by a train passing in the night. No one saw the animals killed, and there is an utter, want of testimony showing the circumstances…