Kansas City, Lawrence & Southern Railroad v. Phillibert

The opinion of the court was delivered by

Brewer, J.-:

This was an action under the statute of 1874 •relating to the killing and injuring of stock in the operation •of railways. Upon the trial no evidence was introduced by •the railway company, and from the evidence of the plaintiff ••the court made the following findings:

“That on the 23d day of September, 1879, plaintiff was the •owner of a red-roan mare of the value of seventy dollars, as described and set out in plaintiff’s bill of particulars; that plaintiff then resided about three-quarters of a mile from the railroad of the defendant, in…