Fowler v. Railway

February 27, 1906. The opinion of the Court was delivered by The plaintiff recovered judgment in the court of Magistrate Robert Moorman, Esq., for $75, the alleged value of a Red Bone fox hound killed by the defendant's train of cars. The judgment of the Circuit Court affirming the judgment of the magistrate must be reversed on the ground that there was no evidence of negligence. The proof was that the dog was killed by the train while trailing around the track near the public crossing. The act of the defendant alleged to be negligent and on which, as stated by the magistrate, the judgment…