Kansas City, Fort Scott & Gulp Railroad v. Cravens

Opinion by

Simpson, C.:

This case was tried in the Miami county district court, on the 1st day of July, 1887, and the plaintiff below obtained a judgment for $125. The action was brought to recover the value of a certain bay mare, alleged to have been killed by the negligence of the railroad company. The company brings the case here for review. At the conclusion of the plaintiffs evidence the railroad company interposed a demurrer thereto, on the ground that the same failed to establish a cause of action. Two propositions are contended for by the counsel for plaintiff in error, and the first…