Jantzen v. Wabash, St. Louis & Pacific Railway Co.

Citations

• 83 Mo. 171

Syllabus

<p>1. Railroads; kiliang stock : statement. A statement under R. S., § 809, for double damages for killing plaintiff’s cow which alleges that she strayed upon the track at a point “one mile eastwardly from Harlem depot, where the road passes through and along uninclosed lands, where there were no fences on the sides of the road as required by law, and where said defendant has not erected or maintained lawful fences on the sides of said railroad,” and was there killed, reasonably excludes the inference that she came on the track at a public crossing or in an incorporated town or city, and sufficiently alleges that she was killed by reason of the failure to fence.</p> <p>2. -: -: evidence. Where it appears from the evidence that the blood and carcass of the animal are found upon the track at a point which was not but should have been fenced, it will be presumed in the absence of evidence to the contrary, that it entered upon the tx'ack at that point.</p>