Martin v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

PORTER, J.:

The railway company appeals from a judgment in plaintiff’s favor for $400 damages and $100 attorney’s fees. The action was to recover the value of stock killed by one of the trains of the defendant. The stock escaped from plaintiff’s enclosure, went upon the highway and entered the defendant’s right of way over a cattle guard at a highway crossing. They were killed by a passenger train on January 27, 1912, .at four-thirty in the afternoon. There was about six inches of snow on the ground. The petition alleged that the defendant knowingly and…