Atchison, T. & S. F. R. Co. v. Lyon

McNEILL, J;

This action was commenced in the superior court of Pottawatomie county by W. C. Lyon against the Atchison, Topeka & Santa Fe Railway Company, to recover damages for a mule that was struck by one of the trains of the defendant and killed.

The evidence on behalf of the plaintiff was, in substance, that he had a pasture along the railroad of 'defendant company, and the fence required to be maintained by the company was deficient in several places, and was not of the height required by law, and that on several occasions the mule had jumped over the fence at ««id. low places on to the…