Freeman v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Porter, J.:

G. M. Freeman owned 55 head of cattle and on April 20, 1915, placed them in a pasture in Ellsworth county through which the defendent maintained its line of railway. At various times the cattle escaped from the pasture through a defective and worthless cattle guard maintained by the defendant, and on May 4,1915, plaintiff brought an action against defendant before a justice of the peace to recover the sum of $90, alleging that 16 head of the cattle escaped on April 28th, and that he was damaged on account of loss of time in putting them back…