Schooling v. St. Louis, Kansas City & Northern Railway Co.

This action was brought to recover the' value of a certain cow, alleged to be the property of the plaintiff, and to have been killed by defendant’s cars on or about the 26th day of February, 1876, near its depot at its station known as Sturgeon, Boone county.

The cause being tried, plaintiff obtained judgment,. *519from which defendant has prosecuted his appeal to this court, and seeks a reversal on the ground that the court erred in refusing to instruct the jury that upon the pleadings and evidence the plaintiff could not recover, and in giving the following instruction for plaintiff: “If the…