Braxton v. Hannibal & St. Joseph Railroad

This action was commenced before a justice of the peace by plaintiff to recover damages for the killing of his cow by a train of defendant’s cars. The statement filed contained two counts, one based upon the 38th section of article 2, chapter 37, Wagner’s Statutes, and the other a common law count for negligence. Plaintiff had judgment successively in the justice’s court and in the circuit court, and from the latter this appeal is prosecuted.

The animal in question was killed just before daylight on a public crossing. ' No one witnessed it, except the train men, none of whom were called to…