Martin v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment against it for damages for killing live stock on its right of way. This is the second appeal. (Martin v. Railway Co., 92 Kan. 595, 141 Pac. 599.)

1. The defendant contends that the evidence and the special findings of fact show that it was not negligent. The special findings are as follows:

“1. Did plaintiff’s mule and mares go over the cattle guard at defendant’s railway crossing of said railway before they were struck by the engine of train Number Twelve? Ans. Yes.

“2. If you answer the last aforesaid…