Moore v. Missouri Pacific Railway Co.

This is an action under the 43rd section of the railroad act to recover damages for amare killed by a train of defendant’s cars. Plaintiff had judgment, from which defendant appealed, and the only questions which wTe are asked to pass upon are: First, Was there any evidence tending to prove that the mare was killed on defendant’s road by a train of passing cars? Second, Was there error in the instructions given for plaintiff’?

*439 1. verdict: pracprcme court.

*438There was no direct evidence that the animal was killed by being run over or against by a train of defend*439ant’s cars, but there was evidence…