Chicago, Rock Island & Pacific Railway Co. v. Rhodes

Walling, Judge.

Appellee brought suit against the appellant upon four separate alleged causes of action, to re*231cover damages for the killing of three cattle, and the injuring of a cow, by trains of the appellant, in the vicinity of Deer Trail, Colorado. The first two counts of the complaint charged respectively the killing of a steer and a cow, both belonging to the plaintiff, the steer having been killed on January 16th, 1902, and the cow on August 4th, 1904. The third count was based on the killing of a cow of one Spillane, on October 24th, 1904. Spillane subsequently, to-wit, on January 6th,…