Hildebrand v. Chicago B. & Q. R. R.

Blume, Justice.

This is an action instituted by the plaintiff Hildebrand against the defendant railroad company to recover damages for cattle killed on the latter’s right of way. The petition was in three counts, claiming damages for cattle killed in August, 1929, in August, 1930, and in December, 1930. Judgment was in favor of the plaintiff, and that judgment was affirmed in this court. 13 Pac. (2d) 1081. A rebearing was granted as to the first and second causes of action; that is to say, for the causes of action arising in August, 1929 and in August, 1930, and the case has been re-argued…