
    Rio Grande Western Railway Company, Appellant, v. Chamberlin, Appellee.
    Constitutional Law.
    Tlie railroad stock-killing statute is unconstitutional.
    
      Appeal from the County Court of Mesa County.
    
    Mr. Charles F. Caswell, for appellant.
    No appearance for appellee.
   Thomson, J.,

delivered the opinion of the court.

Chamberlin, the plaintiff below, recovered a judgment of $80.00 against the defendant company for killing a cow worth $40.00. The recovery was had under our stock-killing statute, which has been repeatedly held by the supreme court and this court to be unconstitutional. Wadsworth v. Railway Co., 18 Colo. 600; Railway Co. v. Outcalt, 2 Colo. App. 395; Railway Co. v. Vaughn, 3 Colo. App. 465. Upon proof that the animal was killed through the negligence of the defendant, plaintiff would be entitled to judgment for its value, and no more; and, if the cause is tried again, such proof must be forthcoming, or the plaintiff’s case must fail. The judgment is reversed.

Reversed.  