Missouri Court of Appeals February 21, 1910 (Porter v. Illinois Southern Railway Co.)

GOODE, J.

The only point against the judgment in this case, which is an action for double damages for the killing of a mare by one of defendant’s locomotives at a point where the right of way was unfenced, is that the evidence did not show the animal was killed by a collision with a train. There was evidence for the court to weigh on this point, the case having been tried without a jury.