Elliott v. Hannibal & St. Joseph Railroad

— This was an action brought under the 43ra section of the act in relation to railroad companies to re*684cover double the value of two mules killed by the trains of the defendant, near its depot, within the town plat of the town of Ely, in Marion county. We held in the case of Edwards v. Hann. & St. Joe. R. R. Co., ante p. 567, that no action can be maintained under the 43rd section of the railroad law for animals killed within the limits of a town or city. When animals are killed in towns and cities where fences have not been, but might lawfully be erected, the action should be brought under…