St. Louis & San Francisco Railroad v. Hoff

The opinion of the court was delivered by

Benson, J.:

This action was commenced by Joseph Hoff against.the St. Louis & San Francisco Railroad Company, before a justice of the peace, to recover the value of a mule alleged to have been injured through *507the negligence of the defendant’s servants and employees in the operation of its engine and cars. There was no allegation in the bill of particulars that the right of way was not fenced, nor any statement from which an inference to that effect could be drawn. There was, however, a claim for an attorney’s fee, and an averment that a written demand…