Fountain v. Louisville & Nashville Railroad

This suit was instituted in a justice’s court and was based on a summons which, as amended, read in part as follows: “ Defendant company killed one dog, 11 months old, color yellow, the property of plaintiff, and of the value of $49.50, by wilfully and maliciously causing and suffering one of its locomotives to collide with said dog on their road. . . Plaintiffs dog came on defendant’s track about 600 feet in front of said locomotive near Wheeler’s Public Crossing . . in full view of the engineer" in charge of said locomotive . . and said engineer immediately and with intent to kill said dog…