Chouteau v. Hannibal & St. Joseph Railroad

Plaintiff sues for the loss of a cow killed by defendant’s cars. He asked and obtained double damages under section 809, Revised Statutes, and defendant appeals. The allegation was, and the proof showed, the cow strayed upon defendant’s track where it was unfenced, and not at a public crossing, nor within the limits of an incorporated city or town, but at a point where the road runs through unenclosed lands. But defendant seeks a reversal of the judgment on the ground that the tracks were used for passing trains, for switch*560ing, for storing cars, and for transferring through freight; also,…