Vinyard v. St. Louis, Iron Mountain & Southern Railway Co.

This is an action commenced by plaintiff in the circuit court of Jefferson county to recover of defendant double damages for the killing of a cow, the property of plaintiff, by a train of defendant’s cars. The petition alleged that the cow got upon the track of defendant’s road, where it passed through an inclosed field of plaintiff, in consequence of a defective fence which was erected by defendant, and which it was the duty of defendant to maintain, etc.

The evidence disclosed the following facts: At the place where the cow got upon the track, two of the upper planks of a panel of the fence…