Terry v. Missouri Pacific Railway Co.

Winslow, C.

Tbis is an action under tbe 48rd section of tbe corporation act, now Revised Statutes, section 809, *255for killing stock, commenced before a justice of the peace, and appealed to the circuit court, where the plaintiff recovered judgment, to reverse which, the defendant brings the case here by appeal. The sufficiency of the complaint .and the propriety of a single instruction given for plaintiff, are the only errors now insisted upon. The constitutionality of the statute is discussed, but that question has been ■determined since the appeal. The material part of the complaint is as…