Moss v. Pendleton

Opinion by

Judge Lindsay:

The averment upon which appellants seek t-o recover the value of the horse alleged to have been killed, is that the appellees “by their agents and servants, engineers and conductors, carelessly and negligently running a train of cars along, and' upon the track of said road, in said county of Kenton, ran against and over and killed unlawfully and wrongfully one black gelding horse about nine years old and of the value of $110.

At common law the appellees were not liable for injuries to stock straying upon their track, inflicted by their trains, unless such injuries were…