Atchison, T. & S. F. R. v. Walton

Henderson, .J.

This is an action brought by the defendant in ■error in the county of San Miguel against the Atchison, Topeka & Santa Fe Railroad Company to recover damages for the alleged negligent striking and killing a mule by the railroad company’s engine. The action is trespass on the case, in the usual form, founded on the alleged negligence of the servants of the company in running and ■operating its train of ears. Plaintiff in error filed two pleas: one the general issue, the other setting up some special matter to avoid double damages under the statute. Issue having been joined on…