Rozzelle v. Hannibal & St. Joseph Railroad

This action was instituted in the circuit court of Clay county to recover double damages of defendant for killing four steers, the property of plaintiff. The petition alleges that the cattle “ came upon the railroad track and were run over and killed at a point on the same where it passes through uninclosed lands, and at a point on said road where there was no public or private crossing,” and where said road was not fenced. Plaintiff had judgment from which this appeal is prosecuted.

1. baxlboad: dam-plaint. The first question relates to the sufficiency of the petition, and it is contended…