Schulte v. St. Louis, Iron Mountain & Southern Railway Co.

This was a suit instituted before a justice of the peace to recover damages under the 43rd section of Railroad Law, (Wag. Stat., p. 310.) for stock injured and killed by defendant’s locomotive. Upon trial in the circuit court of Madison county, where the case had been taken by appeal, plaintiff had judgment, from which defendant has appealed.

On the'trial defendant objected to the introduction of any evidence on the ground that the statement did not set forth a cause of action. This objection was overruled and this action assigned for error. In the case of Rowland v. St. Louis, Iron Mountain &…