Wade v. Missouri Pacific Railway Co.

Martin, C.

This was an action against a railroad company for the killing of ahull. The action was commenced on the 2nd day of March, 1878, before a justice of Jefferson township in Cole county, and was brought under the *36343rd section, of the 2nd article of the Railroad Act as amended, by the act of February 18th, 1875. 1 "Wag. Stat., 310, § 43; Sess. Acts 1875, p. 131. The action was commenced in the name of George E. Wade, the owner of the brill, and the present plaintiff, after his death, as sole devisee under his will, was substituted as his successor to the right of action. The complaint upon…