Chicago, Rock Island & Pacific Railway Co. v. Wheeler

The opinion of the court was delivered by

Cunningham, J. :

The defendant in error had judgment against the Chicago, Rock Island & Pacific Railway Company in the court below for damages because *756of the killing of some cattle by a train on a crossing. Omitting the more formal portions, the negligence of the company was stated in the following words of the petition :

“That the line of railway owned and operated by the said defendant as aforesaid runs diagonally through and near the southwest corner of section 10, township 7, range 2 east, in the said Olay county, Kansas ; that there are public…