Atchison, Topeka & Santa Fe Railway Co. v. Carrow

(Dissenting). — The appellees seek to recover the value of twelve head of livestock belonging to them as partners, alleged to have been killed by appellant’s locomotives, cars and trains running over, upon and against such animals. The dates upon which each animal is alleged to have been killed, a description of such animal, and the point on appellant’s railroad where each animal is alleged to have been killed, are all made specific, and in each instance the value of the animal is alleged. The aggregate value is set forth as $485, and judgment in that sum is demanded. The dates mentioned,…