Becker v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Smith, J.:

On December 2, 1898, a mare owned by plaintiff in error was killed by one of the trains of defendant in error on a track which was not fenced. In April, 1899, Becker commenced an action against the company in a justice’s court to recover the value of the animal and attorney’s fees. He recovered a judgment for $200. The railway company appealed to the district court, where judgment was again rendered against it for the same amount. On proceedings in error brought by the railway company in this court, the judgment of the district court was, on…