Atchison, Topeka & Santa Fe Railway Co. v. Carrow

The appellant’s objections to the sufficiency of the complaint are without merit, and raise no novel questions. We doubt if another complaint will again be presented to the court following the form of this complaint, yet, it states facts sufficient to constitute a cause of action.

The cause of action is based upon the defendant’s alleged negligent killing of plaintiffs’ livestock, range animals, by running locomotives, cars or trains over such animals. The specific acts of negligence relied upon are charged to have arisen: First, from defendant’s failure to maintain sufficient fences to…