St. Louis-San Francisco Railway Co. v. Fletcher

The question for determination on this appeal is whether appellant is liable to appellee for the value of appellee’s cow that died from eating grass on appellant’s rdglit-of-way, which had been sprayed with a poisonous chemical mixture for the purpose of killing it. At the conclusion of the testimony appellant asked for a peremptory instruction, and no other, upon tile theory that the cow was tr-espa.smngfnipnriA3m-xight-of-way, and that appellant owed appellee no duty with reference to his~cow, even though she subsequently died from eating gTassupon which appellant had sprayed poison, with…