UNION PACIFIC RAILROAD COMPANY v. Adams

OPINION

By the Court,

Badt, C. J.:

This appeal challenges the constitutionality of our statutes fixing the liability of railroads whose engines and cars have killed livestock. Before turning to the statutes in question and to the constitutional issues presented to this court, reference must be made to the pleadings and to the issues as presented to the district court pursuant to agreement and stipulation. By way of prolepsis it may be noted that these differ from the issues presented here on appeal.

The complaint of the plaintiff, respondent in this appeal, contained, as we interpret it, two…