Colorado & Southern Railway Co. v. Charles

Action to recover the value of plaintiff’s cow, which was run over and killed by one of defendant’s railroad trains, negligently, as plaintiff says; the result of an unavoidable accident, defendant contends. Trial was to the court without a jury. The judgment was for plaintiff, and defendant appealed to the court of appeals, and the cause is now properly pending here. The action originated before a justice of the peace and went by appeal to the county court; hence we are remitted to the evidence to' ascertain the character of the alleged negligence. Plaintiff’s cause of action is based on the…