Payne v. Clifford

JENCKES, Superior Judge.

The plaintiff, appellee, brings this action against the defendant, appellant, to recover damages for the killing of three head of livestock by defendant’s railroad train. The jury returned a verdict for plaintiff upon which judgment was entered. Appellant’s first assignment of error challenges the sufficiency of the complaint, the trial court having overruled his general demurrer. The complaint alleges, substantially, the killing of the *491stock by one of defendant’s trains at a stated time and place—

“occasioned by tbe negligent manner in which the servants and employees…