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

This action having been brought in the justice court and then taken by appeal to the county court, there were no written pleadings. The proof shows that the plaintiff was the owner of certain cattle, two of which were found dead by the side of the railroad of defendant. From the marks upon the cattle and the ground where they were lying near the track of defendant, it was apparent that they were killed upon the track and thrown some little distance. A number of people saw the cattle after they were killed, but none saw them killed. No person knew how they were killed, except as circumstances…