Eggleston v. Kansas City Southern Railway Co.

This is an action for double damages under section 3145, Revised Statutes 1909, appealed by defendant from a judgment recovered by plaintiff in the circuit court.

The evidence of plaintiff shows that his cow met a violent death on defendant’s right of way at a place in Blue township, Jackson county, where the statute required defendant to maintain lawful fences and cattle guards, hut it fails completely to show that her death was caused by a collision between her and an engine or car on the railroad. The rule is well settled that a plaintiff cannot maintain an action for double damages under…