Chicago, R.I. P. Ry. Co. v. Westheimer Daube

Opinion by

GAEBRAITH, C.

This was an action for damages on account of stock killed by one of the plaintiff in error’s trains. The charging part of the petition, after alleging ownership and number of cattle and their value, proceeds :

“The said cattle were being pastured by the plaintiffs near the right of way of the defendant’s railroad, about a mile west of *288the town of Russet, Johnston county, Okla. That the defendant’s agents and employees carelessly, negligently, and wrongfully, allowed the fence inclosing the right of way, which also inclosed the pasture in which the plaintiff’s cattle were…