Gabriel v. Seattle & Montana Railway Co.

The opinion of the court was delivered by

Scott, J.

This action was brought before a justice of the peace of Skagit county to recover the value of a cow killed by the defendant’s train, the amount sued for being §¡>75. The defendant interposed a defense, alleging negligence upon the part of the plaintiff in allowing his stock, *516and especially the animal in question, to run upon the defendant’s right-of-way, thus obstructing the passage of trains and exposing the employes and passengers of the company to great peril, and asked damages therefor in the sum of §500.

The plaintiff demurred to this…