Dalton v. United Railways Co.

The action was begun before a justice of the peace in the city of St. Louis. Plaintiff recovered a judgment before the justice and defendant *393perfected, its appeal to the circuit court, where on a trial a new plainti if was forced, to take a nonsuit. An amended complaint was filed in the circuit court in which, after preliminary matters, it is stated: “That on the twenty-third day of March, 1907, a bay horse, about nine years old, by the name of ‘Jim,’ belonging to plaintiff, was rightfully on said track of defendant, near said intersection, and while so on said track, defendant carelessly and…