Denver & Rio Grande Railroad v. Coulter

delivered -the opinion of the court:

This was .an action commenced in the justice court by the appellee against appellant to recover damages for the alleged hilling of a cow. Prom a judgment rendered by the justice of the peace the defendant appealed to the county court of Garfield county. The plaintiff elected to prosecute the action under the common law, so that none of the statutes concerning the killing of stock by railroads are involved.

■Plaintiff was the only witness who testified in the case. He said that a section man told him there was a cow knocked off the track and for him to look…