Kansas Pacific Railway Co. v. Ball

The opinion of the court was delivered by

Brewer, J.:

The only questions in this case are, whether under the stock-killing law of 1874 proof of demand is essential to a recovery, and if so whether there was such proof. .The first question must be answered in the affirmative, and *536the second in the negative. The statute is a stringent one, and imposes new burdens upon railroad corporations; and he who would avail himself of its benefits ought to bring himself clearly within its terms. The language of the second section is, “In case such railway company shall fail for thirty days after demand to…