Missouri Pacific R.R. Co., Thompson v. Briner

Ed. F. McFaddin, Justice.

Appellee filed action against appellant for damages, claiming that a train had killed his horse. A circuit court jury verdict was for appellee-; and this appeal ensued.

Appellee lived adjacent to the right of way and main line track of the railroad, and a wire fence along the right of way was the accepted division line. Appellee’s horse was in good condition one afternoon, and some time during the night one of appellant’s trains was heard to give the stock alarm signal, and the next morning the horse was found dead about 12 feet outside of the right of way fence and…