Silver v. Kansas City, St. Louis & Chicago Railroad

Martin, C.

-This was an action against a railroad company for the killing of stock, and for damages to growing crops. The petition was filed on the 4th day of January, 1879, and contains four statements or counts. In the first the plaintiff sues for the killing of seventeen sheep, valued at $59.50, on the defendant’s track, to which they had strayed by reason of defendant’s failure to erect fences as required by law, which now appears in section 809 of the statutes of 1879. This is an action under the statute, and double damages are asked. In the second count the plaintiff sues at common law…