McCormick v. St. Louis, Iron Mountain & Southern Railroad

The respondent moves for a dismissal of this cause, on the ground that a constitutional question is involved in the matter of controversy, wherefore this court has no jurisdiction. If there were such a question in the case, the proper course would be, not a dismissal, but a transfer of the record to the supreme court.

The suit is for damages sustained by the plaintiff in the killing of his horse by the defendant’s locomotive. The animal got on the track at a point where there was no fencing or cattle guard, and over ground which had formerly been within the corporate limits of the town of…