Chicago, Rock Island & Pacific Railway Co. v. Green

The opinion of the court was delivered by

Gilkeson, P. J. :

This action was brought by Am ava Given against the Chicago, Rock Island & Pacific Railway Company in the district court of Wabaunsee county to recover damages for the killing of a horse belonging to the plaintiff. The allegations of the petition are, that

“The killing was the result of, and caused by, negligence of the defendant in the operation of its railroad, in that the agents and employees of the defendant, at the time of the killing, did not exercise due care and diligence in the operation of its engine and cars, and that the…