Lister v. Chicago, Rock Island & Pacific Railway Co.

This action was brought at law, to recover double damages for the alleged killing of two cows by the operation of defendant’s railway train. The petition contains the usual allegation of defendant’s failure to properly fence its right of way, and that by reason thereof plaintiff’s cows went upon the railway track, where they were struck and killed by defendant’s train. The value of the animals was alleged to be $400. It was further averred that plaintiff had caused notice and affidavit of such loss to be served upon defendant more than 30 days before the action was begun; and judgment was…