Wabash, St. Louis & Pacific Railway Co. v. Nice

Bicknell, C. C. —

The appellee brought this suit before a justice of the peace to recover damages from the appellant for a cow killed by the cars of the appellant on its railway.

The complaint before the justice was in one paragraph, and he rendered a judgment for the plaintiff by default.

In the circuit court the defendant demurred to the complaint for want of facts sufficient. The demurrer was overruled. The plaintiff then filed a second paragraph of complaint, and the defendant answered the entire complaint by a general denial. The issues were submitted to a jury for trial, and the plaintiff…