Shell v. Missouri Pacific Railway Co.

This appeal has been certified to this court by the Kansas' City Court of Appeals. The action was commenced in the circuit court of Barton county by the plaintiff for damages resulting from the loss of a bay mare, which had strayed upon the defendant’s right of way on account of a defective cattle-guard, and was injured and died under the following circumstances: While said mare was on said right of way, which was fenced, the defendant’s servants while operating a hand-car, and by exertions and noise intentionally made by them for the purpose, frightened said mare and caused her to run…