Harbeston v. Kansas City, Fort Scott & Memphis Railroad

The plaintiff recovered double damages for the killing of his colt by the defendant’s locomotive at a place where the defendant was bound to fence its road, and where the road was unfenced. The only point made on this appeal is that there was no evidence from which the jury could reasonably infer that the colt died in consequence of a collision with the defendant’s engine, and, hence, the verdict is unsupported by the evidence.

The evidence adduced by the plaintiff tended to show the following facts: The colt was healthy and in good spirits on the morning of the accident; in the evening it was…