Fritzel v. Kansas City, Kaw Valley & Western Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

In this action Henry Fritzel sought to recover damages for the loss of a cow killed in the operation of the Kansas City, Kaw Valley & Western Railway Company. The action was begun- before a justice of the peace and upon an appeal to the district court it was tried with a jury and a verdict in favor of the plaintiff was returned. The court on the motion of defendant set aside the verdict and gave defendant a judgment for costs. Plaintiff appeals.

It appears that the railway of the defendant runs along the side of plaintiff’s farm and…