Morris v. Louis, Kansas City & Northern Railway Co.

This action was commenced before a justice of the peace in Audrain county. The action was brought under the fifth section of the act concerning “Damages and contributions in actions of tort,” (Wagn. Stafc., 519) to recover damages for *79the killing and crippling by tbe locomotive of defendant of two mules and one horse colt, alleged to be the property of the plaintiff.

A judgment was rendered by the justice in favor of tbe plaintiff for the value of tbe animals killed and injured. From this judgment an appeal was taken to the Audrain Circuit Court, where the plaintiff again recovered judgment.

In…