Burlington & Missouri River Railroad v. Franzen

This is an action brought by the defendant in error to recover the value of a cow killed by the ears of the plaintiff at a point on its railroad where it was required by statute to fence its track but had failed to do so. The railroad company in its answer admits that the cow was killed by an engine on its railroad track, which .at the time was operated by the company’s agents, and that notice and affidavit of the killing were duly served on the company’s agents, etc. For further answer it is alleged “that said killing occurred by reason of the fault and negligence of the plaintiff, and…