Cunningham v. Hannibal & St. Joseph Railroad

This suit was brought to recover double damages for injuries to plaintiff's cow while on defendant’s road m Washington township, Buchanan county,, and is founded on the 43rd sec. of 1 Wag. Stat., 310. To authorise a recovery under .this section the statement of the cause of action must allege that the injury complained of was *203occasioned by the failure of the company to erect and maintain good and substantial fences along the- sides of their road. The statement in the case before us neither contains such an averment, nor any one equivalent to it, and it must, therefore, be held to be…