Roberts v. Quincy, Omaha & Kansas City Railway Co.

— This is the third appeal of the defendant in this case. Our opinions on former appeals are reported in 43 Mo. App. 287, and 49 Mo. App. 164, where the facts surrounding the accident, as the plaintiff then claimed them' to be, are fully set out. A reference to these opinions, and to some additional facts developed at the last trial, is all that is deemed essential for an understanding of the points of law arising on this appeal.

*61The action is one for recovery of double damages under the railroad fence law. Three of plaintiff’s horses (two mares and one colt) were killed by contact with the…