Bertrand v. Kansas City, Mexico & Orient Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

In this action J. B. Bertrand asked and recovered damages from the Kansas City, Mexico & Orient Railway Company for striking and killing his mare and injuring two of his colts on the right of way of the railroad. The animals escaped from the owner and went upon an adjoining farm, belonging to Stephens, through which the railroad was built. The *344railroad was fenced through Stephens’s land, but the animals passed through an open gate and out upon the railroad, where they were run down and injured. The recovery is based upon the…