Meyer v. Atlantic & Pacific Railroad

This was an action, instituted in the circuit court of Osage county, to recover damages for a heifer charged to have been killed through the negligence and carelessness of defendant in operating its road. The trial resulted in a verdict and judgment for plaintiff for twenty-nine dollars, to reverse which defendant prosecutes his writ of error. The error complained of is that the court gave improper, and refused to give proper, instructions.

The court gave the following instructions for plaintiff:

“ If the jury believe from the evidence that the cow was killed at a crossing of a traveled public…