Rutledge v. Hannibal & St. Joseph Railroad

Philips, C.

This is an action for damages for killing cattle by the defendant railroad, based on what is known as the 43rd section. Wag. Stat., art. 2, ch. 37. There were three counts in the petition. It is not necessary to set them out as they are good in form. The answer is a general denial.

On the trial, plaintiffs introduced testimony tending to prove that during the years 1878, 1879 and 1880, plaintiffs were partners and were still such, and were the owners of the stock described in their petition; that all of the stock sued for by plaintiffs in this cause were killed and crippled by…