Dickey v. Northern Pacific Railway Co.

The opinion of the court was delivered by

Gordon, J.

Action to recover damages for negligently killing plaintiff’s horses. The complaint after alleging the incorporation of the appellant, proceeds as follows:

“ That in the county of Spokane and state of Washington on or about the 25th day of May, -1897, the defendant, while negligently operating its train upon its right of way near the Idaho boundary line, did carelessly and negligently Mil the following described horses belonging to the plaintiff;”

then follows the description, allegation of value and prayer for judgment. The answer was a…