Kansas, Oklahoma & Gulf Ry. Co. v. Searcy

This action was begun in the justice court to recover the value of two animals run over and killed by defendant’s freight train. Plaintiff Sear-cy’s cause of action was for $95, the value of a mule. Plaintiff Blaylock sought $100, the value of a horse. The bill of particulars alleged the animals strayed upon the track without fault on plaintiffs’ part, and were killed as a result of defendant’s negligence: (1) in failing to maintain the cattle guard properly at the place where the animals strayed upon the track, by permitting the points of the cattle guard to become bent and by allowing grass…