Roman v. St. Louis - San Francisco Railway Co.

The opinion of the court was delivered by

Dawson, J.:

John Roman, a Miami county farmer, brought this action against the defendant railway company to recover damages for the killing of a dozen of his dairy cattle and injuring two others.

Roman’s quarter-section farm is located about two miles southeast of Paola. Defendant’s railway crosses his farm north and south so that about twelve acres, including the farm house, outbuildings and corrals, are located west of the railway, and the pasture and other fields lie east of it. There is a private farm crossing connecting the two parts of the farm,…