St. Louis & Southeastern Railway Co. v. Casner

This was an action, brought against the railway company, to recover damages, under the statute (Laws 1855, p. 173), for the killing of stock, the road of the company not being fenced. There was a recovery by the plaintiff below, and the defendant appealed.

The first error assigned is the overruling of appellant’s challenge to the array of jurors. The jury for the trial of the cause had been “called, impanneled and sworn from the regular list of jurors in attendance” before the challenge was made. The challenge to the array came too late. It was waived by the previous calling and swearing of…