McKenzie v. Powell

The plaintiff brought suit against the receiver-of the railroad company for damages, alleging that the railroad company caused the death of five head of his cattle of the value of $415; that the railroad sprayed the right of way for a width of thirty feet with a chemical, poisonous to animals, for the purpose of killing the vegetation along the right of way; that “when petitioner learned that said right of way had been poisoned with a most deadly poison to animals, and knowing that same constituted an absolute menace to any animal which might escape from his said pasture, and be attracted by…