Starke v. Chicago, Burlington & Quincy Railway Co.

Fawcett, C.

The petition alleges that on February 9, 1906, defendant negligently and carelessly ran over and killed a horse belonging to plaintiff, which was at the time, without fault on the part of plaintiff, upon defendant’s railway track, and prays damages in the sum of $150. The answer is a general denial.

All that the evidence shows is that in November, 1905, plaintiff placed the animal in question with his other horses in a pasture on the south side of defendant’s track; that on the morning of February 9,1906, the dead body of the animal was found lying on the right of way of defendant…