Hildebrand v. C. B. & Q. R. R.

Blume, Justice.

This is an action brought by the plaintiff Hildebrand against the defendant railroad company to recover damages on account of cattle killed on the right of way of the defendant. The case was tried to a jury who brought in a verdict for the plaintiff. Judgment was entered thereon; and the defendant has appealed. The contention is that the verdict and judgment are contrary to law and the evidence.

The petition alleges that the defendant duly fenced its right of way, but that it failed in its duty to keep it in proper repair, and that by reason thereof, plaintiff’s cattle strayed…