Grant v. Atchison, Topeka & Santa Fe Railroad

Rombauer, P. J.,

— This is an action, instituted in the circuit court under the provisions of section 2611, for the recovery of double damages for killing the plaintiff’s stock by defendant’s engine and cars. The answer admits that the killing was done, but avers that the cattle came upon the defendant’s right of way and track, and were killed within the switch limits of the depot of Hurdland which the defendant was not required to fence, and could not fence without interfering with the usual and customary business of the station, and without endangering the lives and limbs of the defendant’s…