Barker v. Missouri-Kansas-Texas Railroad

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages for the loss of certain cattle which were killed by a north-bound train on the right of way of defendant’s railroad which runs north and south near Hiattville.

Plaintiff alleged that on June 1, 1928, without his fault, a number of his cattle escaped from a pasture field and strayed along the east-and-west public road until they came to its intersection with defendant’s railway; and that by reason of the defective construction of the cattle guard and wing fence thereat, a bull and cow belonging to plaintiff…