Toledo, St. Louis & Kansas City Railroad v. Woody

This action was brought by the appellee to recover damages from the appellant for killing a mare and colt, which entered upon appellant’s railroad at a point in Howard county where it was not securely fenced. The cause was taken to Tipton county by change of venue, where it was tried.

The only question presented by the appeal relates to the sufficiency of the evidence to sustain the verdict. There was no question respecting the ownership and value of the animals or the fact that they entered upon the railroad and were killed at a point in Howard county where such road was not fenced. But it is…