Kansas Pacific Railway Co. v. Wiggins

The opinion of the court was delivered by

Brewer, J.:

This is an action under the railroad stock law of 1874, to recover damages for killing a mare. It was admitted by plaintiff in error, defendant below, that its train killed the mare, and that due demand was made of the defendant for the value thereof more than thirty days before commencement of suit. It was proven by plaintiff, and not denied by defendant, that the railroad track was not fenced, and that there were no cattle-guards at any point along the railroad where the mare strayed. It was also proven that it was improved land on both…