Missouri Pacific Railroad v. Brooks

On the 22d of April, 1923, one of appellant ’s trains ran over appellee’s pointer dog, in the town" of Malvern, and killed the same. Appellee' instituted this action against the appellant, alleging that the dog was negligently killed by the appellant, and that she was damaged in the sum of $100. The answer denied any' negligence on the part of appellant, and alleged that the killing of the dog was an unavoidable accident. It also denied that the dog was of any value.

A witness for the appellee testified that he saw the' dog killed; “This dog was trotting along down by the switch and, when the…