Fremont, Elkhorn & Missouri Valley Railroad v. Pounder

Maxwell, Ch. J.

This is an action to recover the value of a horse of the defendant in error which was killed, it is alleged, by the fault of the plaintiff in error, and for injuries to another horse in the amount of $25. On the trial of the cause the jury returned a verdict in favor of the defendant in error for $140, with interest at seven per cent for one year and four months, and judgment was rendered thereon. There are four errors assigned in the brief of the plaintiff in error for a reversal of the case:

1. That the petition does not state a cause of action.

2. The court erred in giving…