Abbey v. Schaff

The opinion of the court was delivered by

Burch, J.:

The action was one to recover the value of stock killed on the defendant’s right of way, by one of his trains. The plaintiff recovered, and the defendant appeals.

The story is told by the findings of fact:

“1. On October 12, 1917, Chas. E. Schaff was operating the Missouri, Kansas & Texas Railway Company, as receiver, in and through Linn county, Kansas.

“2. On that date plaintiff resided about one quarter of a mile from the right of way and track of the defendant, and was then the owner of two mules which were of the reasonable value of $450.

*89“3.…