Missouri Pacific Railway Co. v. Scammon

Opinion by

Simpson, C.:

This suit was instituted by Scammon against the railroad company, to recover for the death of one bay mare, alleged to be of the value of one hundred and twenty-five dollars, killed by the railroad company in the operation of its trains under such circumstances as to render the company liable, and fifty dollars, a reasonable attorney’s fee, if the following statement is not a good defense to the action. The railroad company claims, that at the same time, and in the same manner, and at the same place, a colt of this mare was killed. An action was brought for its value,…