Schulman v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

DawsoN, C. J.:

This was a stock-killing damage suit under the statute G. S. 1935, 66-295 et seq. A jury was waived; most of the pertinent facts were agreed to; defendant’s section foreman supplied some additional facts by his oral testimony; and the trial court gave judgment for plaintiff.

Defendant appeals, complaining of the trial court’s ruling on its demurrer, and of the judgment. To determine the merit of these points, the facts may be summarized thus:

The defendant’s railway runs east and west through Finney county. The right of way is fenced on…