Kansas City So. Ry. Co. v. Smith

The appellee recovered judgment for $1,205 as the value of nine head of cattle killed by the appellant’s trains. The case involves eight distinct incidents, two cows having been killed upon one occasion by the same train, and resulted in nine separate verdicts for the plaintiff. The appellant admits that its trains killed eight of the nine animals but contends that it was entitled to an instructed verdict upon each count of the complaint. For convenience of discussion the eight counts may be divided into three subdivisions.

I. Upon five of the occasions — those of April 20, May 14, August 4,…