Kansas City Southern Railway Company v. English

HALLEY, Chief Justice.

Parties will be referred to as they appeared in the trial court. Eight head of cattle valued at $1,280.00 and eight swine valued at $160.00 belonging to the plaintiff strayed upon the railroad tracks of the defendant railroad and were killed. Plaintiff sues the defendant for the loss of the livestock contending that the railroad was negligent in failing to properly maintain its right-of-way fences so as to prevent livestock from entering the right-of-way. A jury was waived and the case tried before the trial judge.

The trial court entered judgment in favor of the…