Denver & Rio Grande Railroad v. Brennaman

Appellee brought this action to recover for injury to his horse, which he claims was struck by a locomotive of the appellant, in December, 1902. There are no pleadings, as the action was commenced before a justice of the peace, taken on appeal to the county court and from thence removed to the district court by stipulation of the parties. There is no evidence of negligence on the part of appellant, and, if it is at all liable, it is by reason of its failure to fence its right-of-way as provided in an act of the general assembly of this state, approved March *26514, 1902. The appellant, in its…