Missouri Pacific Railroad Co. v. Foresee

This action was begun by appellee against appellant to recover damages for killing a dog. .It was alleged that the dog was killed in the night time and no one saw it killed. The evidence however, showed that it was found on the track, and there was blood and hair on the rails, and there seems to be no douibt that it was killed by the train. The evidence showed that the value of the dog was from $60 to $100. Neither the engineer nor fireman saw the dog at any time.

The jury returned a verdict for $25, and judgment was entered accordingly. Motion for new trial was filed, overruled and this…