
    Schable v. The Hannibal & St. Joseph Railroad Company, Appellant.
    
    Railroads : damages to cattle ; prairie lands. A railroad company is not liable in double damages under section 43, page 310, Wagner’s Statutes, for cattle killed upon its track at a place where the adjoining lands are uninclosed lands which have been cleared of timber. Such lands are not prairie lands.
    
      Appeal from Macon Circuit Court. — Hon. John W. Henry, Judge.
    
      Geo. W. Fasley for appellant.
    
      Albert F. Foster for respondent.
   Hough, J.

This was an action under the 43rd section of the railroad corporation law, to recover double damages from the defendant for killing the plaintiff’s cow on a switch or side-track of defendant’s road near Macon Gity, on the 21st day of February, 1874. At the place where the cow was killed the side-track did not pass through, along or adjoining inclosed or cultivated fields, or uninclosed prairie lands. The land on both sides of the road was originally timbered, but had been cleared for a number of years. There was an inclosure on the north side of the track, but it did not adjoin the right of way. This case, therefore, falls within the principle announced in the case of Walton v. St. Louis, Iron Mountain & Southern Ry. Co., 67 Mo. 56, and the judgment of the circuit court must, therefore, be reversed.

All concur except Henry, J., not sitting.

Reversed.  