Mack v. St. Louis, Kansas City & Northern Railway Co.

This suit was originally instituted before a justice of the peace upon the following statement:

The St. Louis, Kansas City $ Northern Bailway Co., Dr.

To James Mach

November 23rd, 1878, to damages for negligently killing at Bear Creek township, Montgomery county, Missouri, one gray mare . . $60 00

"Voluntary credit...... 10 00

Balance due........ $50 00

The plaintiff recovered judgment and the defendant has appealed.

The plaintiff’s horse was killed at a crossing, on either side of which ties had been piled, close to the track, to the height of seven or eight feet, for acceptance by the railroad…