Iola Electric Railroad v. Jackson

The opinion of the court was delivered by

Johnston, C. J. :

In the opération of its railroad through Allen county the Iola Electric Railroad Company struck and killed a cow belonging to L. L. Jackson, who asks damages for the loss. The cow, with thirty-seven others, was pastured and kept on a quarter-section of land owned by the Lanyon Zinc Company, upon a portion of which a corn crop had been grown and the balance used as grass land. The entire quarter-section was enclosed with a fence, and through the tract the railroad company owned a right of way fifty feet wide, over which the railroad was…