Morrow v. Chicago, Rock Island & Pacific R'y Co.

1. swmdiscovered7 evidenoeThe cause having been determined upon demurrer to the petition, it becomes necessary to set out the petition at length. It is in these words: .

“ The defendant above named states that this action was commenced by the plaintiff before a justice of the peace, to recover for stock alleged to have been killed by the cars of defendant at a point where it had a right to fence, but had failed to maintain a sufficient one, but which defendant denied, alleging such killing to have been upon a jmblic highway crossing; that upon the trial before the justice the plaintiff failed…