Cox v. Chicago & Northwestern Railway Co.

A short distance west of the station at Poster, Pierce county, a train operated by defendant on its railway struck and killed a colt October 27, 1905. In November following a cow was killed near the same place in the same manner. Plaintiff ivas owner of both animals, and in a suit against defendant for their value recovered a judgment for $104.70. Defendant has appealed.

In the petition the negligence imputed to defendant was its failure to maintain proper fences and cattle-guards and to stop its trains in time to avoid injury to plaintiff’s stock. Defendant answered that plaintiff’s loss, if…